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HomeMy WebLinkAbout12/20/2016a��vER c� � a COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 20, 2016 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Joseph E. Flescher, Chairman, District 2 Jason E. Brown, County Administrator Peter D. O'Bryan, Vice Chairman, District 4 Dylan Reingold, County Attorney Susan Adams, District I Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Bob Solari, District 5 Tim Zorc, District 3 1. CALL TO ORDER 2. INVOCATION Reverend Shelly Satran, Our Savior Lutheran Church. Introduction of Reverend Mark A. Bernthal, Our Savior Lutheran Church 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A Presentation of Proclamation Honoring Jacquelyn Gilbert on her Retirement from the Property Appraisers Office of Indian River County 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A Proclamation and Retirement Award Honoring Gordon E. Sparks on His Retirement From Indian River County Board of County Commissioners Department of Utilities Services/Engineering Division with Sixteen Years of Service 7.11 Planning & Zoning Commission Appointment December 20, 2016 Page 1 of 5 7.0 Florida Department of State Minority Appointment Reporting for Calendar Year 2015 7.1) Town of Orchid Committee Assignments 8. CONSENT AGENDA &A Approval of Checks and Electronic Payments December 2, 2016 to December 8, 2016 8.11 FY 2015-2016 Records Disposition Compliance Statement and Records Management Liaison Officer Form, Board of County Commission 8.0 Affordable Housing Advisory Committee Appointment 8.1) Miscellaneous Budget Amendment 003 8.E Approval to Eliminate the Acupuncture Benefit from the Health Plan Effective January 1, 2017 and to Offer a Special Enrollment Period in the Health Care Flexible Spending Account 8.F Utility Work by Highway Contractor Agreement with FDOT for the Relocation Services of Water Main on 17th Street from US Highway 1 to the 17th Street Causeway Bridge 8.G Approval of Federally Funded Public Assistance Funding Agreement 8.11 GH Vero Beach Development, LLC's Request for Final Plat Approval for The Reserve at Grand Harbor PD Phase 1, Plat 33 [2001020101-77703 / PD -13-10-03] 8.I Lease Agreements - CR510 Widening and Improvements, Project Acquired Property, B&B Tires - 521085th St, Vero Beach, FL 32967, Kevin Harwood - 522085th Street, Vero Beach, FL 32967 8.J Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation 8.K Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees, etc.) 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.11.1 Request to Speak from Lange Sykes, Vero Beach City Council, Regarding Indian River Lagoon - City/County Collaborative 10.11.2 Request to Speak from Wanda Scott, Gifford Economic Development Council, Regarding Gifford Economic Development Follow-up December 20, 2016 Page 2 of 5 C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emerp-encv Services 12.B.1 Approval of Work Order #2 for Radio System P25 Migration Project C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Mananement and Budget 12.E.1 Microsoft Enterprise Agreement License Additions F. Public Works G. Utilities Services 12.G.1 North Sebastian Septic to Sewer Approval of Financing Mechanism - Phase 1 12.G.2 North Sebastian Septic to Sewer - Masteller & Moler Work Order No. 3 13. COUNTY ATTORNEY MATTERS 13.A Approval of First Amendment to Declaration of Restrictive Covenants for Windsor PD 13.B Request for Access Easement to Datapath Tower, LLC for Emergency Services Tower 13.0 Approval of Agreement to Purchase and Sell Quality Fruit Packers Parcel for 45th Street/US Highway 1 Intersection Improvements 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman 14.B.1 Draft Critical Incident Response Policy C. Commissioner Susan Adams D. Commissioner Bob Solari 14.D.1 Minor South County Annexation December 20, 2016 Page 3 of 5 E. Commissioner Tim Zorc 14.E.1 16th .Street Ball Field Property 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1 Approval of Minutes Meeting of September 13, 2016 15.A.2 Approval of Minutes Meeting of September 20, 2016 15.A.3 Approval of Minutes Meeting of October 4, 2016 15.A.4 FY 2015-2016 Records Disposition Compliance Statement and Records Management Liaison Officer Form, Emergency Services District 15.A.5 Work Order 92 for Fire Rescue Station #14 (26th Street and 66th Avenue) B. Solid Waste Disposal District 15.13.1 FY 2015-2016 Records Disposition Compliance Statement and Records Management Liaison Officer Form, Solid Waste Disposal District 15.13.2 Request for General Funds - PACE Project and Other Community Projects FY2016-17 15.13.3 CCNA-2014 Work Order No. 7 to CDM Smith, Inc. for Engineering Services with the 2017 Annual Permit Compliance Monitoring and Reporting 15.11.4 Eighth Amendment to Republic Services 15.11.5 Ninth Amendment to Feedstock Supply Agreement C. Environmental Control Board 16. ADJOURNMENT December 20, 2016 Page 4 of 5 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.irc og_ v.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1: 00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. December 20, 2016 Page 5 of 5 PROCLAMATION HONORING JACQUELYN GILBERT ON HER RETIREMENT FROM THE PROPERTY APPRAISER'S OFFICE OF INDIAN RIVER COUNTY WHEREAS, Jacquelyn Gilbert will retire from the Property Appraiser's Office of Indian River County effective, December 30, 2016; and WHEREAS, Jacqui has been employed with the Property Appraiser's Office of Indian River County since February 1, 1999 and has continued in the capacity of Mapping Supervisor until her retirement; and previously, November 17, 1986 with Indian River County Planning Department in the capacity of a Cartographer; and WHEREAS, Jacqui has served this County and the Public with distinction and selflessness. During her years of service, she was dedicated to her work and was greatly appreciated by Property Appraiser, David C. Nolte, and her co-workers alike. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Board applauds Jacquelyn Gilbert's efforts on behalf of the Property Appraiser's Office, and the Board and staff wishes to express their appreciation for the dedicated service she has given to Indian River County for the last thirty years and wishes to extend heartfelt wishes for success in her future endeavors. Adopted this 20th day of December, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA r i • • • P1 PROCLAMATION HONORING GORDON E. SPARKS ON HIS RETIREMENT FROM INDIAN RI VER COUNTY BOARD OF CO UNTY COMMISSIONERS DEPARTMENT OF UTILITY SER VICES/ENGINEERING DIVISION WHEREAS, Gordon E. Sparks retired from Indian River County Department of Utility Services, Engineering Division, effective December 30, 2016, and WHEREAS, Gordon E. Sparks began his career with Indian River County on July 3, 2000, as an Environmental Engineer and continued in that capacity until his retirement, and WHEREAS, Gordon E. Sparks has served this County and the Public with distinction and selflessness. During his sixteen years of service, he _was dedicated, and his work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Gordon E. Sparks' efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last sixteen years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 201h day of December 2016. I BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman 7A 2 This is to certify that Gordon E. Spar( is here6, y presented this WStirement.A ward for outstanding performance and faithfulservice to Indian fiver County Board of County Commissioners Tor sixteen years of service On this 30th day of �Decem6er 2016 Vincent Bur% Joseph E. �Y schen (Director of Vtifty Services Board of County Commissioner, Chainnan 3 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney %6 Informational Matters -B.C.C. 12.20.16 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney 4 DATE: December 7, 2016 SUBJECT: Planning & Zoning Commission Appointment ATTORNEY Commissioner Solari is appointing Angela Waldrop to the position of the "BCC Appointee, District No. 5" on the Planning & Zoning Commission, which 4 year term commences in January 2017. APPROVED FOR DECEMBER 20, 2016 B. C. C. MEETING — INFORMATIONAL MATTERS f COUNTYATTORNEY F.L9lfornrylCbrbdnalCOhfMITTEESICeneral AfatterslBCCAgenda Afemos1161019 Committee Appointment (P-27 - Waldrop.doee P4 Dec. 5, 2016 9:56AM Name:g11�A tIJ C1�� No, 6532 P. 1 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Date: C 6W Ij 2(;P,fC. Full Name: ¢.(c,. r�lcl. Email Address:�ns��ra�� Street Address (No P.O. Boxes): _ �J �(o q_fc_rge,,A a_ L4wv_ k/e_,,u Home Phone: ...Work Phonef___71 Cell Phone- How long have you been a resident of Indian River County?� Are you a full or part time resident? Check one: Full TimeRjPart Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. fcy . Piease list any licenses you presently hold: l-� Ort vr's - L c'z-05-Q Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: Continued on next page P5 Dec. 5, 2016 9:56AM Place a check mark next to the committee(s) you would like to serve on: No. 6532 P. 2 AFFORDABLE HOUSING ADVISORY COMMITTEE ❑ AGRICULTURE ADVISORY COMMITTEE ❑ BEACH & SHORE PRESERVATION ADVISORY COMMITTEE ❑ CHILDREN'S SERVICES ADVISORY COMMITTEE ❑ CODE ENFORCEMENT BOARD ❑ COMMUNITY DEVELOPMENT BLOCK GRANT ❑ CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ❑ ECONOMIC DEVELOPMENT COUNCIL ❑ ENTERPRISE ZONE DEVELOPMENT AGENCY ❑ ENVIRONMENTAL CONTROL HEARING BOARD ❑ MPO BICYCLE ADVISORY COMMITTEE ❑ MPO CITIZEN ADVISORY COMMITTEE ❑ NEIGHBORHOOD STABILIZATION PROGRAM —CITIZEN ADVISORY TASK FORCE ❑ PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE ❑ TOURIST DEVELOPMENT COUNCIL ❑ TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD ❑ TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ Please print and return the completed application, along with a current resume, to the Board of County'Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. P6 >4... �,�: Eq¢; �v;.iy .---+5?s+n. %1""" - yeScr.Ysy:c '^'"3. i ,yZ-` .. .-,y-.t:. {w•- �.,3 ,. .�'p E�: ::�>°.�.. ✓.�, .:;ys.. - �,'"4x„- - t:ati?�e=t v�ry�.}; �w. �`f^. •.;;y*�;`::w5. :''�X`; x`, .,{�'..,�T_ tt��;,� �!.iwY;{ ..>,�' -:�.,� M.�"x �'•.�.oMr.:,a,�. � 't '��. ti?{,>, �'<?: � }� ,!-;t.a:�'� y - .:�```':��'• ,,;? tea;.' ��' .c x c.;y S: ;n� `?C. ��k. �,.�,� ,:;.,c;.c_ .,ayf{`�:y „�� h,r,: s�k:_., �� n v'«: 'r,>,ar, wf.:t...,� F; ,4i�` i•� .cd'F E�' s: y.Y f&.*k iii.%"-'" ei;'`� 2."��'.4:c`i,^,.�� S; .C. "`; tapy_ ^6. ,.�'.:;..v ,<;-x�:r� ���' .•e �;w; S;^; r.,, �.,< f=!�' .s" .:�� t-4..w4:<x;�t:., "k..'u--��•^' �,g1r,:';�':-Y.. acs Sr:.:., S 'x; Y _ t:l.{;,u' t r .+zrr.'4 z t%� i,_.-'i�,?�:k�,. ..., •i+>es•".!' 1,�- �"+s.3 � }.�.�:`:�5 �• �'`?u j%'i` `��:�� ,.-:.dk` ,mak �••'«• EXPERIENCE ANGELA WALD RO P ROYAL LEXINGTON 1999-2003 ASSISTANT PROPERTY MANAGER AMERICAN CAMPUS COMMUNITIES AW@SORENSENREALESTATE.COM 2003-2006 PROPERTY MANAGER 772480-2000 (CELL) DALE SORENSEN REAL ESTATE 772492-1000 (WORK) 2009 -CURRENT REALTOR -RENTAL SPECIALIST BORN IN VERO BEACH EDUCATION IRC PLANNING AND ZONING SAINT EDWARD'S SCHOOL 1984-1998 UNIVERISTY OF KENTUCKY 1999-2003 DOUBLE MAJOR IN ENGLISH AND SOCIOLOGY VOLUNTEER EXPERIENCE OR LEADERSHIP SAINT EDWARD'S SCHOOL BOARD MEMBER 2014 -PRESENT BALLET VERO BEACH COMMITTEE MEMBER 2016 RIVERSIDE CHILDRENS THEATER BOARD MEMBER 2011-2016 YOUNG PROFESSIONALS OF IRC COMMITTEE MEMBER 2014 -PRESENT c: - < n; L %nF" is :a'Cn r1. ,� i?F.? •;,",m^ii'rr. ,w:,.; :5 ?:si' g,= x.'�� `� �,.: :�5; �:�. .-'ZZ"y <`s `�, ,'� l'•ti;c%= r.°,, nt �"sw °fit`.., ".:< ._. =it-xti.,crc�>'�`• ..: .- .,. ,r-.g:?:'s�4ks,. .�...,, .,:. � t:, ,. .>i. .,�'?.: `e±a.t. . _:.. r?k..: ,..-. _?%:, h �-"'.,'i�`:'.'•'' .._< ..,. , r «:�'.<.,.,> � -.., P7 �C �g�vER Office of the 2 INDIAN RIVER COUNTY ADMINISTRATOR LOR10 Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Dori Roy Assistant to the County Administrator DATE: December 13, 2016 SUBJECT: Florida Department of State Minority Appointment Reporting Calendar Year 2015 DESCRIPTIONS AND CONDITIONS: As an appointing authority, Indian River County Board of County Commission is required by Section 760.80, Florida Statutes, to submit annually to the Florida Department of State a Minority Appointment Report disclosing appointments made to boards, commissions, councils, or committees during the previous calendar year. Attached, for your information, is a copy of the 2015 Minority Appointment Report submitted for the Indian River County Board of County Commission. Attachment: Minority Appointment Reporting Forms for Calendar Year 2015 P8 Page 1 of 8 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2015 (Section 760.80, Florida Statutes — Form due NLT December 1, 2016) Appointing Authority:" Indian River County Board of County Commission Contact Person: Doris E. Roy Address: 1801 27th Street Phone: 772-226-1408 City/state/zip: Vero Beach, FI 32960-3388 Entity (Name of Board, Commission, Council, or committee): Affordable Housing Advisory Committee Does this entity have multiple appointing authorities? Yes ❑ No Q The entity's total membership as of 12/31/15, regardless of appointing authority: 15 (Note This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/15" ) Appointed by Total Race Race Authority' In Membership % Appointed Total Gender Gender by Authority' Membership as % 2015, only as of 12/31/15 in 2015, only of 12/31/15 African-American Male 10 67 Asian -American Female 5 33 Hispanic -American Not Known Native -American Total AppointedbyTotal Disability Disability Authority' Membership % Caucasian 15 100 in 2015, only as of 12/31/15 Not Known Physically 0 0 Total Disabled `Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Agriculture Advisory Committee Does this entity have multiple appointing authorities? Yes ❑ No W The entity's total membership as of 12/31/15, regardless of appointing authority: 7 (Note. This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/15" ) Appointed by Total Race Appointed Total Gender Race Authority in Membership % Gender by Authority' Membership as % 2015, only as of 12/31/15 in 2015, only of 12/31/15 African-American Male 1 7 100 Asian -American Female Hispanic -American Not Known Native -American Total 1 Caucasian 1 7 100 Appointed by Total Disability Disability Authority` Membership % in 2015, only as of 12/31/15 Not Known 1 Physically 0 0 0 Total Disabled `Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, Fl 32399.0250 DS -DE 143 (rev. 812016) P9 Page 2 of 8 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2015 (Section 760.80, Florida Statutes — Form due NLT December 1, 2016) Appointing Authority:" Indian River County Board of County Commission Contact Person: Doris E. Roy Address: 1801 27th Street Phone: 772-226-1408 city/state/zip: Vero Beach, FI 32960-3388 (Note This figure is the denominator to be used in calculating percentages below; the numerator for calculating the Entity (Name of Board, Commission, Council, or Committee): Beach & Shore Preservation Advisory Committee Does this entity have multiple appointing authorities? Yes ❑ No The entity's total membership as of 12/31/15, regardless of appointing authority: 11 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/15" ) Appointed by Total Race Appointed Total Gender Race Authority' in Membership % Gender by Authority' Membership as % 2015, only as of 12/31/15 in 2015, only o112131/15 African-American Male 10 91 Asian -American Female 1 9 Hispanic -American 2 18 Not Known Native -American Total Caucasian 9 82 Appointed by Total Disability Disability Authority' Membership % in 2015, only as of 12/31/15 Not Known Disabled "Figures are to reflect appointments made only by this Appointing Authority Please complete all sections. Physically 0 0 Total Disabled 'Figures are to reflect appointments made only by this Appointing Authority. Pioase complete all sections. Entity (Name of Board, Commission, Council, or Committee): Children's Services Advisory Committee Does this entity have multiple appointing authorities? Yes No ❑ The entity's total membership as of 12/31/15, regardless of appointing authority: 13 (Note This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/15' ) Appointed by Total Race Appointed Total Gender Race Authority' in Membership % Gender by Authority' Membership as % 2015, only as of 12/31/15 in 2015, only of 12/31/15 African-American Male 7 54 Asian -American Female 1 6 46 Hispanic -American Not Known Native -American Total 1 Caucasian 1 13 100 Appointed by Total Disability Disability Authority' Membership % in 2015, only as of 12/31/15 Not Known Physically 0 0 0 Total Disabled "Figures are to reflect appointments made only by this Appointing Authority Please complete all sections. Return to: Department of Slate, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev 812016) P10 Page 3 of 8 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2015 (Section 760.80, Florida Statutes— Form due NLT December 1, 2016) Appointing Authority:" Indian River County Board of County Commission Contact Person: Doris E. Roy Address: 1801 27th Street Phone: 772-226-1408 city/state/zip: Vero Beach, FI 32960-3388 Entity (Name of Board, Commission, Council, or Committee): Citizens Oversight Committee Does this entity have multiple appointing authorities? Yes ❑Q No ❑ The entity's total membership as of 12/31/15, regardless of appointing authority: 6 (Note. This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e , "Total membership as of 12/31/15" i Appointed by Total Race Appointed Total Gender Race Authority' in Membership % Gender by Authority' Membership as % 2015, only as of 12/31/15 in 2015, only of 12/31/15 African-American 1 1 17 Male 3 50 Asian -American Female 1 3 50 Hispanic -American 1 17 Not Known Native -American Total 1 Appointed by Total Disability Disability Authority' Membership % L� 66 Caucasian in 2015, only as of 12131115 Not Known 1 Physically 0 0 0 Total Disabled 'Figures are to reflect appointments made only by this Appointing Authority Please complete all sections. Entity (Name of Board, Commission, Council. or Committee): Code Enforcement Board Does this entity have multiple appointing authorities? Yes ❑ No Q The entity's total membership as of 12/31115, regardless of appointing authority: 6 (Note. This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e, "Total membership as of 12/31/15".) Appointed by Total Race Appointed Total Gender Race Authority' in Membership % Gender by Authority' Membership as % 2015, only as of 12/31/15 In 2015, only of 12/31/15 African-American Male 1 6 100 Asian -American I Female Hispanic -American Not Known Native -American Total 1 Appointed by Total Disability Disability Authority' Membership % Caucasian 1 6 100 In 2015, only as of 12/31115 Not Known 1 Physically 0 0 0 Total Disabled 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee. FL 32399-0250 DS -DE 143 (rev 812016) P11 Page 4 of 8 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2015 (Section 760.80, Florida Statutes — Form due NLT December 1, 2016) Appointing Authority:* Indian River County Board of County Commission Contact Person: Doris E. Roy Address. 1801 27th Street Phone: 772-226-1408 City/state/zip: Vero Beach, FI 32960-3388 Entity (Name of Board, commission, council, or Committee): Construction Board of Adjustments & Appeals Does this entity have multiple appointing authorities? Yes ❑ No W The entity's total membership as of 12/31/15, regardless of appointing authority: 6 (Note. This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/15" ) Appointed by Total Race Appointed Total Gender Race Authority' in Membership % Gender by Authority' Membership as % 2015, only as of 12/31/15 in 2015, only of 12/31/15 African-American Male 1 6 100 Asian -American Female Hispanic -American Not Known Native -American Total 1 Caucasian 1 6 100 Appointed by Total Disability Disability Authority' Membership % in 2015, only as of 12/31/15 Not Known 1 Physically 0 0 0 Total Disabled *Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Economic Development Council Does this entity have multiple appointing authorities? Yes W No ❑ The entity's total membership as of 12/31/15, regardless of appointing authority: 22 (Note This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/15" ) Appointed by Total Race Appointed Total Gender Race Authority' in Membership % Gender by Authority' Membership as % 2015, only as of 12/31115 in 2015, only of 12/31/15 African-American 1 4 Male 2 16 73 Asian -American Female 6 27 Hispanic -American Not Known Native -American Total 2 Caucasian 2 21 96 Appointed by Total Disability Disability AuthoMy' Membership % in 2015, only as of 12/31/15 Not Known 2 Physically 0 0 0 Total Disabled *Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev 8/2016) P12 Page 5 of 8 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2015 (Section 760.80, Florida Statutes — Form due NLT December 1, 2016) Appointing Authority:" Indian River County Board of County Commission Contact Person: Doris E. Roy Address: 1801 27th Street Phone: 772-226-1408 city/state/zip: Vero Beach, Fl 32960-3388 Entity (Name of Board, Commission, council, or committee): Environmental Control Hearing Board Does this entity have multiple appointing authorities? Yes ❑ No n The entity's total membership as of 12/31115, regardless of appointing authority: 5 (Note. This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e , "Total membership as of 12/31/15" ) Appointed by Total Race Appointed Totat Gender Race Authority' in Membership % Gender by Authority` Membership as % 2015, only as of 12/31/15 in 2015, only of 12/31/15 African-American Male 1 5 100 Asian -American Female Hispanic -American Not Known Native -American Total 1 Appointed by Total Disability Disability Authority' Membership Caucasian 1 5 100 in 2015, only as of 12/31/15 Not Known 1 Physically 0 0 0 Total Disabled 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): MPO Citizens Advisory Committee Does this entity have multiple appointing authorities? Yes 0 No ❑ The entity's total membership as of 12131115, regardless of appointing authority: 14 (Note This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/15" ) Appointed by Total Race Appointed Total Gender Race Authority' in Membership °! Gender by Authority' Membership as l 2015, only as of 12/31/15 in 2015, only of 12/31/15 African-American 1 Male 11 79 Asian -American Female 3 21 Hispanic -American Not Known Native -American Total Appointed by Total Disability Disability Authority Membership % Caucasian 13 in 2015, only as of 12/31/15 Not Known Physically 0 0 Total Disabled 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 trev. 8/2016) P13 Page 6 of 8 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2015 (Section 760.80, Florida Statutes — Form due NLT December 1, 2016) Appointing Authority:" Indian River County Board of County Commission Contact Person: Doris E. Roy Address: 1801 27th Street Phone: 772-226-1408 city/state/zip: Vero Beach, FI 32960-3388 (Note, This figure is the denominator to be used in calculating percentages below; the numerator for calculating the Entity (Name of Board, Commission, Council, or Committee): MPO Bicycle Advisory Committee Does this entity have multiple appointing authorities? Yes ■❑ No ❑ The entity's total membership as of 12131/15, regardless of appointing authority: 6 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/15" ) Appointed by Total Race Appointed Total Gender Race Authority' in Membership % Gender by Authority' Membership as % 2015, only as of 12/31115 in 2015, only of 12/31/15 African-American Male 5 83 Asian -American Female 1 17 Hispanic -American Not Known Native -American Total Appointed by Total Disability Disability Authority' Membership % Caucasian 6 100 1 in 2015, only as of 12/31/15 Not Known Disabled 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Physically 0 0 Total Disabled 'Figures are to reflect appointments made only by this Appointing Authority Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Planning & Zoning Commission Does this entity have multiple appointing authorities? Yes ❑ No W The entity's total membership as of 12/31/15, regardless of appointing authority: 7 (Note, This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/15' ) Appointed by Total Race Appointed Total Gender Race Authority' in Membership % Gender by Authority' Membership as % '2015, only as of 12/31115 in 2015, only of 12/31/15 African-American Male 1 7 100 Asian -American Female Hispanic -American Not Known Native -American Total 1 Caucasian 1 7 100 Appointed by Total Disability Disability Authority' Membership % in 2015, only as of 12/31/15 Not Known 1 Physically 0 0 0 Total Disabled 'Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South aronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev. 8/2016) P14 Page 7 of 8 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2015 (Section 760.80, Florida Statutes — Form due NLT December 1, 2016) Appointing Authority:" Indian River County Board of County Commission Contact Person: Doris E. Roy Address: 1801 27th Street Phone: 772-226-1408 City/State/zip: Vero Beach, FI 32960-3388 Entity (Name of Board, Commission, Council, or Committee): Transportation Disadvantaged Local Coordinating Board Does this entity have multiple appointing authorities? Yes ❑� No ❑ The entity's total membership as of 12/31/15, regardless of appointing authority: 14 (Note. This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e , "Total membership as of 12/31/15" ) Appointed by Total Race Appointed Total Gender Race Authority' in Membership % Gender by Authority' Membership as % 2015, only as of 12/31/15 in 2015, only of 12/31/15 African-American 1 7 Male 6 43 Asian -American Female 8 57 Hispanic -American Not Known Native -American Total Appointed by Total Disability Disability Authority' Membership % Caucasian 13 93 in 2015, only as of 12/31/15 Not Known 2 Physically 0 0 Total Disabled *Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Tourist Development Council Does this entity have multiple appointing authorities? Yes ❑■ No ❑ The entity's total membership as of 12/31/15, regardless of appointing authority: 9 (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is, the number in the second column, i.e., "Total membership as of 12/31/15" ) Appointed by Total Race Appointed Total Gender Race Authority in Membership r Gender by Authority' Membership as 2015, only as of 12/31/15 In 2015, only of 12/31/15 African-American Male 2 6 67 Asian -American Female 3 33 Hispanic -American Not Known Native -American Total 2 Appointed by Total Disability Disability Authority' Membership % Caucasian 2 9 100 in 2015, only as of 12/31/15 Not Known 2 Physically 0 0 0 Total Disabled `Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS -DE 143 (rev 812016) P15 Page 8 of 8 Florida Department of State Minority Appointment Reporting Form for Calendar Year 2015 (Section 760.80, Florida Statutes — Form due NLT December 1, 2016) Appointing Authority:" Indian River County Board of County Commission Contact Person: Doris E. Roy Address: 1801 27th Street Phone: 772-226-1408 City/State/zip: Vero Beach, FI 32960-3388 Entity (Name of Board, Commission, Council, or committee): Short Term Vacation Rental Advisory Committee Does this entity have multiple appointing authorities? Yes ❑ No ■❑ The entity's total membership as of 12/31/15, regardless of appointing authority: 7 (Note This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/15' ) Appointed by Total Race Race Authority' in Membership % 2015, only as of 12/31/15 Appointed Total Gender Gender by Authority' Membership as 0% In 2015, only of 12131/15 African-American Male 6 6 86 Asian -American Female 1 1 14 Hispanic -American Not Known Native -American Total 7 Appointed by Total Disability Disability Authority' Membership % Caucasian 7 7 100 in 2015, only as of 12131115 Not Known Total 7 Physically 0 0 0 Disabled `Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Entity (Name of Board, Commission, Council, or Committee): Does this entity have multiple appointing authorities? Yes ❑ No ❑ The entity's total membership as of 12/31/15, regardless of appointing authority: (Note: This figure is the denominator to be used in calculating percentages below; the numerator for calculating the percentages is the number in the second column, i.e., "Total membership as of 12/31/15' ) Appointed by Total Race Race Authority' in Membership % 2015, only as of 12/31/15 Appointed Total Gender Gender by Authority' Membership as % in 2015, only of 12/31/15 African-American Male Asian -American Female Hispanic -American Not Known Native -American Total by Total Disability Disability Authority' Membership % CaucasianAppointed in 2015, only as of 12/31/15 Not Known Physically Total Disabled "Figures are to reflect appointments made only by this Appointing Authority. Please complete all sections. Return to: Department of State, The R. A. Gray Building, Room 316, 500 South Bronough Street, Tallahassee, FL 32399-0250 DS.DE 143 (rev 812016) P16 e December 20, 2016 INFORMATIONAL ITEM 7-D INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 14, 2016 SUBJECT: 2017 Town of Orchid Committee Appointments FROM: Lisa Hill Commissioner Assistant Attached ,please find the Town of Orchid assignments of liaisons to the County and Regional Boards for 2016-2017. C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@F804A76A\@BCL@F804A76A.doc P17 County Committees Appointments - Current Committee Name Schedule Location Orchid Appointees & Alternates Beach & Shore Preservation Committee 3rd Mondaymonth) 3 y, p.m. Vero Beach 1. Howard Thrailkill 2. Thomas Buck Economic Development Council p 3rd Tuesday month) 3 y y, p.m. Vero Beach 1. Thomas Buck 2. Harold Ofstie Treasure Coast Regional League of Cities 3rd Wednesday bimonthly, 10 a.m.* Varies 1. Robert Gibbons 2. Michele Henry Treasure Coast Regional Planning 3rd Friday monthly, 9.30 a.m. Stuart 1. Harold Ofstie Council** 2. Michele Henry Metropolitan Planning Organization*** 2nd Wednesday monthly, 10 a.m. Vero Beach 1. Harold Ofstie 2. Thomas Buck MPO Technical Advisory Committee 4th Friday bimonthly, 10 a.m. Vero Beach 1. Town Manager 2. Town Clerk MPO Bicycle/Pedestrian Advisory As needed Vero Beach 1. Phil Young 2. Town Clerk Affordable Housing Advisory As needed; has not met in years. 1. Town Manager 2. Town Clerk Local Mitigation Strategy As needed; every 6 months or so Vero Beach 1. Town Clerk 2. Town Manager •Meeting schedule is changing in 2017 " Orchid not included on board in 2017, but attendance for information is welcome *** Non-voting member Town Administration 7707 U.S. Highway 1, Suite 1 Vero Beach, FI 32967 Tel: 772-581-2770 Fax: 772-581-2771 -0 1 00 WIN JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271' Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: December 8, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 2, 2016 to December 8, 2016 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of December 2, 2016 to December 8, 2016. Attachment: P19 CHECKS WRITTEN TRANS NBR DATE 1'ENDOR AA40UNT 347332 12/08/2016 PORT CONSOLIDATED INC 16,311.74 347333 12/08/2016 JORDAN MOWER INC 266.25 347334 12/08/2016 COMMUNICATIONS INTERNATIONAL 277.60 347335 12/08/2016 COMMUNICATIONS INTERNATIONAL 81,296.00 347336 12/08/2016 TEN -8 FIRE EQUIPMENT INC 5,969.81 347337 12/08/2016 VERO CHEMICAL DISTRIBUTORS INC 310.36 347338 12/08/2416 KIMLEY HORN & ASSOC INC 934.98 347339 12/08/2016 SAFETY PRODUCTS INC 469.43 347340 12/08/2016 PARALEE COMPANY INC 2,072.16 347341 12/08/2016 KELLY TRACTOR CO 51.35 347342 12/08/2016 GENES AUTO GLASS INC 200.00 347343 12/08/2016 AMERIGAS EAGLE PROPANE LP 1,192.49 347344 12/08/2016 GAYLORD BROTHERS INC 1,844.07 347345 12/08/2016 HACH CO 3,631.65 347346 12/08/2016 LFI FORT PIERCE INC 2,47309 347347 12/08/2016 DUVALFORD 55,170.00 347348 12/08/2016 SLP INVESTMENTS INC 1,755.00 347349 12/08/2016 PATTERSON POPE INC 402.84 347350 12/08/2016 HD SUPPLY WATERWORKS, LTD 1,177.54 347351 12/08/2016 PETES CONCRETE 2,660.00 347352 12/08/2016 VERO INDUSTRIAL SUPPLY INC 21.52 347353 12/08/2016 BRODART COMPANY 838.08 347354 12/08/2016 TIRESOLES OF BROWARD INC 109.95 347355 12/08/2016 CHILDCARE RESOURCES OF IRC INC 18,888 88 347356 12/08/2016 DELL MARKETING LP 20,364.77 347357 12/08/2016 THE GOODYEAR TIRE & RUBBER COMPANY 595.52 347358 12/08/2016 BLAKESLEE SERVICES INC 695.00 347359 12/08/2016 BAKER & TAYLOR INC 2,724.20 347360 12/08/2016 MIDWEST TAPE LLC 420.80 347361 12/08/2016 MICROMARKETING LLC 216.45 347362 12/08/2016 BAKER DISTRIBUTING CO LLC 979.97 347363 12/08/2016 CENGAGE LEARNING CORPORATION 443.29 347364 12/08/2016 GO COASTAL INC 216.75 347365 12/08/2016 CREATIVE CHOICE HOMES XVI LTD 444.00 347366 12/08/2016 PST SERVICES INC 32,903.04 347367 12/08/2016 CLERK OF CIRCUIT COURT 212.35 347368 12/08/2016 CITY OF VERO BEACH 57,504.74 347369 12/08/2016 STEPHEN WOJTASZEK 104.29 347370 12/08/2016 FERGUSON ENTERPRISES INC 14,745.70 347371 12/08/2016 JANITORIAL DEPOT OF AMERICA INC 855.82 347372 12/08/2016 HUMANE SOCIETY 17,780.00 347373 12/08/2016 ACUSHNET COMPANY 163.42 347374 12/08/2016 FEDERAL EXPRESS CORP 30.53 347375 12/08/2016 FLORIDA POWER AND LIGHT 11,899.05 347376 12/08/2016 FLORIDA POWER AND LIGHT 1,688.06 347377 12/08/2016 TAYLOR MADE GOLF CO INC 1,300.63 347378 12/08/2016 GIFFORD YOUTH ACHIEVEMENT CENTER INC 2,862.97 347379 12/08/2016 CITY OF FELLSMERE 14.97 347380 12/08/2016 NEW HORIZONS OF THE TREASURE COAST 23,93.1.00 347381 12/08/2016 US KIDS GOLF LLC 171.87 347382 12/08/2016 GOVERNMENT FINANCE OFFICERS ASSOC 635.00 347383 12/08/2016 MEDICARE PART B FINANCIAL SERVICES 357.19 347384 12/08/2016 JASON E BROWN 15.00 347385 12/08/2016 UNITED STATES GOLF ASSOCIATION INC 110.00 347386 12/08/2016 CENTRAL FLORIDA PRIMA 25.00 347387 12/08/2016 UNITED HEALTH CARE INS COMPANY 24.26 347388 12/08/2016 UNITED HEALTH CARE INS COMPANY 461.81 347389 12/08/2016 AETNA 294.03 P20 TRANS NBR DATE VENDOR AMOUNT 347390 12/08/2016 NAEMT 75.00 347391 12/08/2016 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 118.04 347392 12/08/2016 DONADIO AND ASSOCIATES ARCHITECTS 1,146.75 347393 12/08/2016 HUMANA 45.50 347394 12/08/2016 SIMPLEXGRINNELLLP 5,190.00 347395 12/08/2016 HEAL THSOUTH 418.97 347396 12/08/2016 HOMETOWN NEWS 400.00 347397 12/08/2016 ARCADIS U S INC 22,259.66 347398 12/08/2016 TRANS US INC 80,796.52 347399 12/08/2016 CELICO PARTNERSHIP 120.13 347400 12/08/2016 BENTLEY SYSTEMS INC 3,935.00 347401 12/08/2016 FAIRFIELD INN 98.00 347402 12/08/2016 CENTRAL PUMP & SUPPLY INC 226.45 347403 12/08/2016 PELICAN ISLES LP 500.00 347404 12/08/2016 C W NIELSEN MFG CORP 2,645.00 347405 12/08/2016 PETER OBRYAN 26.00 347406 12/08/2016 DORIS S BROWN 580.40 347407 12/08/2016 MOORE MEDICAL LLC 283.77 347408 12/08/2016 GLOBALSTAR USA 154.37 347409 12/08/2016 FISHER & PHILLIPS LLP 768.50 347410 12/08/2016 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,666.67 347411 12/08/2016 MARSH ISLAND DEVELOPMT CO LLC 9,649.36 347412 12/08/2016 K'S COMMERCIAL CLEANING 1,925.00 347413 12/08/2016 NICOLACE MARKETING INC 956.25 347414 12%08/2016 JOSEPH G POLLARD CO INC 297.93 347415 12/08/2016 EVA GLOVER 490.92 347416 12/08/2016 FLORIDA MEDICAID 74.28 347417 12/08/2016 ALWAYS ON TIME ENTERPRISES INC 1,330.00 347418 12/08/2016 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 347419 12/08/2016 KEMPER BUSINESS SYSTEMS 27.50 347420 12/08/2016 CITY DIRECTORIES 275.00 347421 12/08/2016 PICTOMETRY INTERNATIONAL CORPORATION 28,827.75 347422 12/08/2016 BERMUDA SANDS APPAREL LLC 1,438.23 347423 12/08/2016 ALAN JAY FORD LINCOLN MERCURY INC 216,915.84 347424 12/08/2016 TIM ZORC 208.34 347425 12/08/2016 REPROGRAPHIC SOLUTIONS INC 46.80 347426 12/08/2016 LOWES HOME CENTERS INC 3,149.39 347427 12/08/2016 BURNETT LIME CO INC 6,466.60 347428 12/08/2016 TREASURE COAST TURF INC 582.00 347429 12/08/2016 PENGUIN RANDOM HOUSE LLC 558.60 347430 12/08/2016 SCADA SOLUTIONS LLC 200.00 347431 12/08/2016 ROBERT DOERR UPHOLSTERY 300.00 347432 12/08/2016 STEWART & STEVENSON FDDA LLC 3,954.77 347433 12/08/2016 BSN SPORTS INC 3,511.60 347434 12/08/2016 COURSE TRENDS INC 300.00 347435 12/08/2016 DESIGNER CONCRETE COUNTERS LLC 2,816.00 347436 12/08/2016 BERNARD EGAN & COMPANY 791.20 347437 12/08/2016 PIERCE GOODWIN ALEXANDER & LINV.ILLE INC 31,490.00 347438 12/08/2016 E,ALLEN STEWART III PE LLC 1,219.03 347439 12/08/2016 SKECHERS USA INC 521.16 347440 12/08/2016 LONGHORN LANDSCAPING AND SOD LLC 456.75 347441 12/08/2016 GENUINE PARTS COMPANY 305.94 347442 12/08/2016 CATHEDRAL CORPORATION 2,500.65 347443 12/08/2016 GERELCO TRAFFIC CONTROLS INC 20,072.73 347444 12/08/2016 MILNER SPORTS LLC 1,008.00 347445 12/08/2016 UNIFIRST CORPORATION 1,249.44 347446 12/08/2016 IMAGE SENSING SYSTEMS 1,120.65 347447 12/08/2016 WILSON SPORTING GOODS CO 4,012.00 347448 12/08/2016 SUNSHINE HEALTH PLAN MEDICAID 136.00 347449 12/08/2016 GOTTA GO GREEN ENTERPISES INC 144.44 P21 TRANS NBR DATE VENDOR AMOUNT 347450 12/08/2016 ADVANCE STORES COMPANY INCORPORATED 44.91 347451 12/08/2016 EGP DOCUMENT SOLUTIONS LLC 280.60 347452 12/08/2016 NORTH AMERICAN OFFICE SOLUTIONS INC 50.00 347453 12/08/2016 AC VETERINARY SPECIALTY SERVICES 264.51 347454 12/08/2016 ROBERT GASSER 91.41 347455 12/08/2016 COVERALL NORTH AMERICA INC 1,425.00 347456 12/08/2016 A&T EUROPE S P A 2,037.50 347457 12/08/2016 MAGELLAN COMPLETE MEDICAID 190.00 347458 12/08/2016 PEOPLE READY INC 386.88 347459 12/08/2016 PEOPLE READY INC 483.60 347460 12/08/2016 CREE INC 599.98 347461 12/08/2016 JULIE M MIKOLSKY 1,260.00 347462 12/08/2016 GOLF CARTS UNLIMITED LLC 222.00 347463 .12/08/2016 ERIC ANDERSON 149.00 347464 12/08/2016 MICHAEL F CARDAMAN 14.85 347465 12/08/2016 TAHLIA L CISNEROS 122.94 347466 12/08/2016 MERRIELLEN GEGNER 442.00 347467 12/08/2016 SANDY ACKER 250.00 347468 12/08/2016 SEAN GASKELL 250.00 347469 12/08/2016 ERIC FORBES 500.00 347470 12/08/2016 UTIL REFUNDS 11.97 347471 12/08/2016 UTIL REFUNDS 80.86 347472 12/08/2016 UTIL REFUNDS 43.96 347473 12/08/2016 UTIL REFUNDS 77.25 347474 12/08/2016 UTIL REFUNDS 61.53 347475 12/08/2016 UTIL REFUNDS 191.74 347476 12/08/2016 UTIL REFUNDS 58.91 347477 12/08/2016 UTIL REFUNDS 41.23 347478 12/08/2016 UTIL REFUNDS 7.90 347479 12/08/2016 UTIL REFUNDS 71.21 347480 12/08/2016 UTIL REFUNDS 3.38 347481 12/08/2016 UTIL REFUNDS 75.01 347482 12/08/2016 UTIL REFUNDS 71.80 347483 12/08/2016 UTIL REFUNDS 71.09 347484 12/08/2016 UTIL REFUNDS 38.63 347485 12/08/2016 UTIL REFUNDS 7.61 347486 12/08/2016 UTIL REFUNDS 66.11 347487 12/08/2016 UTIL REFUNDS 23.82 347488 12/08/2016 UTIL REFUNDS 2282 347489 12/08/2016 UTIL REFUNDS 40.96 347490 12/08/2016 UTIL REFUNDS 9.30 347491 12/08/2016 UTIL REFUNDS 40.96 347492 12/08/2016 UTIL REFUNDS 36.76 347493 12/08/2016 UTIL REFUNDS 11.50 347494 12/08/2016 UTIL REFUNDS 41.18 347495 12/08/2016 UTIL REFUNDS 67.75 347496 12/08/2016 UTIL REFUNDS 13.04 347497 12/08/2016 UTIL REFUNDS 14.16 347498 12/08/2016 UTIL REFUNDS 42.04 347499 12/08/2016 UTIL REFUNDS 49.20 347500 12/08/2016 UTIL REFUNDS 34.65 347501 12/08/2016 UTIL REFUNDS 53.48 347502 12/08/2016 UTIL REFUNDS 47.10 347503 12/08/2016 UTIL REFUNDS 61.28 347504 12/08/2016 UTIL REFUNDS 13.85 347505 12/08/2016 UTIL REFUNDS 65.07 347506 12/08/20.16 UTIL REFUNDS 72.32 347507 12/08/2016 UTIL REFUNDS 73.58 347508 12/08/2016 UTIL REFUNDS 41.50 347509 12/08/2016 UTIL REFUNDS 56.70 P22 TRANS NBR DATE VENDOR 347510 12/08/2016 UTIL REFUNDS 347511 12/08/2016 UTIL REFUNDS 3475.12 12/08/2016 UTIL REFUNDS 347513 12/08/2016 UTIL REFUNDS 347514 12/08/2016 UTIL REFUNDS 347515 12/08/2016 UTIL REFUNDS 347516 12/.08/2016 UTIL REFUNDS 347517 12/08/2016 UTIL REFUNDS 347518 12/08/2016 UTIL .REFUNDS Grand Total: AMOUNT 38.48 61.28 70.44 63.74 79.90 66.40 73.56 204.65 78.90 876,091.89 4 P23 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1010236 12!02/2016 EVERGLADES FARM EQUIPMENT CO INC 363.06 1010237 12/02/2016 COLKITT SHEET METAL & A/C INC 521.00 1010238 12/02/2016 ROBINSON EQUIPMENT COMPANY INC 577.11 1010239 12/02/2016 SSES INC 5,540.47 1010240 12/02/2016 HENRY SCHEIN INC 462.00 1010241 12/02/2016 HELENA CHEMICAL 1,913.70 1010242 12/02/2016 INDIAN RIVER BATTERY 868.60 1010243 12/02/2016 INDIAN RIVER OXYGEN INC 70.00 1010244 12/02/2016 RING POWER CORPORATION 3,791.54 1010245 12/02/2016 DEMCOINC 56.51 1010246 12/02/2016 MIKES GARAGE & WRECKER SERVICE INC 510.00 1010247 12/02/2016 APPLE INDUSTRIAL SUPPLY CO 311.58 1010248 12/02/2016 GALLS LLC 1,961.90 1010249 12/02/2016 ALLIED UNIVERSAL CORP 10,075.05 1010250 12/02/2016 IRRIGATION CONSULTANTS UNLIMITED INC 51.81 1010251 12/02/2016 RECORDED BOOKS LLC 243.40 1010252 12/02/2016 SOUTHERN COMPUTER WAREHOUSE 155.24 1010253 12/02/2016 FIRST HOSPITAL LABORATORIES INC 161.25 1010254 12/02/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 372.99 1010255 12/06/2016 SYMANTEC CORP 995.00 1010256 12/07/2016 EVERGLADES FARM EQUIPMENT CO INC 35.73 1010257 12/07/2016 COLKITT SHEET METAL & A/C INC 995.00 1010258 12/07/2016 COPYCOINC 311.86 1010259 12/07/2016 INDIAN RIVER BATTERY 166.95 1010260 12/07/2016 MIKES GARAGE & WRECKER SERVICE INC 155.00 1010261 12/07/2016 SOUTHERN COMPUTER WAREHOUSE 772.34 1010262 12/07/2016 DEERE & COMPANY 599.01 1010263 12/07/2016 COMMERCIAL ENERGY SPECIALISTS 1,62961 1010264 12/07/2016 ROGER CLEVELAND GOLF INC 394.91 1010265 12/07/2016 HD SUPPLY FACILITIES MAINTENANCE LTD 667.83 1010266 12/07/2016 COMO OIL COMPANY OF FLORIDA 620.69 1010267 12/07/2016 GLOBAL GOLF SALES INC 142.83 1010268 12/07/2016 MIDWEST MOTOR SUPPLY CO 71.50 1010269 12/07/2016 ECONOLITE CONTROL PRODUCTS INC 224.26 1010270 12/07/2016 SYNAGRO-WWT INC 28,586.70 1010271 12/07/2016 SOUTHERN JANITOR SUPPLY INC 2,993.76 1010272 12/07/2016 COPYTRONICS INC 85.21 1010273 12/07/2016 CAPITAL OFFICE PRODUCTS 416.70 1010274 12/07/2016 METRO FIRE PROTECTION SERVICES INC 3,942.55 1010275 12/07/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 447.42 1010276 12/07/2016 EASY PICKER GOLF PRODUCTS INC 2,493.23 1010277 12/08/2016 AT&T 18,194.56 1010278 12/08/2016 COMCAST 104.80 1010279 12/08/2016 WHEELABRATOR RIDGE ENERGY INC 2,776.95 1010280 12/08/2016 INDIAN RIVER OXYGEN INC 96.00 1010281 12/08/2016 DAVIDSON TITLES INC 6,689.98 1010282 12/08/2016 GROVE WELDERS INC 120.45 1010283 12/08/2016 DUNKELBERGER ENGINEERING & TESTING 17,467.00 1010284 12/08/2016 RECHTIEN INTERNATIONAL TRUCKS 1,241.61 1010285 12/08/2016 CAPITAL OFFICE PRODUCTS 296.25 1010286 12/08/2016 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 758.58 1010287 12/08/2016 BENNETT AUTO SUPPLY INC 1,867.24 1010288 12/08/2016 L&L DISTRIBUTORS 341.75 1010289 12/08/2016 WRIGHT FASTENER COMPANY LLC 383.00 1010290 12/08/2016 PACE ANALYTICAL SERVICES INC 78.00 1010291 12/08/2016 EASY PICKER GOLF PRODUCTS INC 486.00 1010292 12/08/2016 NEXAIR LLC 728.62 Grand Total: 126,386.09 24 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4756 12/05/2016 K1ML'EY HORN & ASSOC INC 7,671.95 4757 12/05/2016 C E R SIGNATURE CLEANING 15,410.00 4758 12/05/2016 ICMA RETIREMENT CORPORATION 11,723.08 4759 12/05/2016 MUTUAL OF OMAHA 16,943.93 4760 12/05/2016 ICMA RETIREMENT CORPORATION 2,730.00 4761 12/05/2016 BENEFITS WORKSHOP 15,729.55 4762 12/05/2016 MUTUAL OF OMAHA 16,748.21 4763 12/05/2016 NACO/SOUTHEAST 1,068.23 4764 12/05/2016 IRC FIRE FIGHTERS ASSOC 6,960.00 4765 12/05/2016 NACO/SOUTHEAST 54,753.57 4766 12/05/2016 FLORIDA LEAGUE OF CITIES, INC 5,418.71 4767 12/05/2016 FL S.DU 5,852.60 4768 12/05/2016 IRS -PAYROLL TAXES 462,253.73 4769 12/05/2016 FL RETIREMENT SYSTEM 520,493.23 4770 12/06/2016 MUTUAL OF OMAHA 7,081.12 4771 12/07/2016 ALLSTATE 292.22 4772 12/07/2016 AMERICAN FAMILY LIFE ASSURANCE CO 18,551.72 4773 12/07/2016 ELITE TITLE 27,560.00 P -CARD 12/08/2016 WELLS FARGO BANK, N.A. 23,248.12 Grand Total: 1,220,489.97 25 Consent Agenda December 20, 2016 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commission Date: December 5, 2016 Subject: FY 2015-2016 Records Disposition Compliance Statement and Records Management Liaison Officer Form Board of County Commission From: Doris E. Roy, Records Management Liaison Officer Assistant to the County Administrator Description Florida Public Agencies are required to maintain specific information documenting the disposition of public records. According to Rule 1B-24.003(11), Florida Administrative Code, each agency is required to submit an annual statement to the Division of Library and Information Services, Florida Department of State, which includes a signed records management compliance statement attesting to the agency's compliance with Florida public records disposition laws, rules, and procedures. Attached is the annual Records Management Compliance Statement for Fiscal Year 2015-2016 for the Indian River County Board of County Commission. Recommendation It is recommended that the Chairman be authorized to sign the Records Management Compliance Statement for Fiscal Year 2015 - 2016 for the Indian River County Board of County Commission. Attachments: Letter dated November 1, 2016 from the Florida Department of State Record Disposition Compliance Statement P26 November 1, 2016 Ms. Doris E. Roy Indian River County Board of County Commissioners 1801 27th Street Building A Vero Beach, FL 32960-3365 Dear Ms. Roy: As a Florida public agency, you are required by Rule I B-24.003;1 1), Florida ,4diiiiraistratit-e Code, to submit annually to the Division of Library and Information Services "a signed statement attesting to the agency'ms compliance with records disposition laws, rules, and procedures." Based on these annual statements, an annual report on statewide compliance is submitted to the Legislature and the Executive Office of the Governor for their consideration and action. For your convenience, we are providing the enclosed Records A9anagement Congviance Statement to report your agency's compliance status. Please complete all information in Section 1, the Compliance Certification, and make any necessary additions or corrections in Sections 11 and Ill. Please return one signed copy of the form (do not return this letter) to the mailing address or email address indicated at the bottom of the form by December 30, 2016. We appreciate your prompt attention to this matter. If we can be of service to your agency, please do not hesitate to contact us at 850.245.6750 or recm>>t�dos.myflorida com. Sincerely, Gerard J. Clark, Bureau Chief, Archives and Records Management Division of Library and Information Services GJC/eg Enclosure I Division of Library and Information Services R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 850.245.6600 • 850.245.6735) • Fax ) info.florida.gov P27 Indian River CounN NOV 3 2016 Office of the County Administrator FLORIDA DEPARTMENT 0f STATE' RICK SCOTT Governor KEN DETZNER Secretary of State November 1, 2016 Ms. Doris E. Roy Indian River County Board of County Commissioners 1801 27th Street Building A Vero Beach, FL 32960-3365 Dear Ms. Roy: As a Florida public agency, you are required by Rule I B-24.003;1 1), Florida ,4diiiiraistratit-e Code, to submit annually to the Division of Library and Information Services "a signed statement attesting to the agency'ms compliance with records disposition laws, rules, and procedures." Based on these annual statements, an annual report on statewide compliance is submitted to the Legislature and the Executive Office of the Governor for their consideration and action. For your convenience, we are providing the enclosed Records A9anagement Congviance Statement to report your agency's compliance status. Please complete all information in Section 1, the Compliance Certification, and make any necessary additions or corrections in Sections 11 and Ill. Please return one signed copy of the form (do not return this letter) to the mailing address or email address indicated at the bottom of the form by December 30, 2016. We appreciate your prompt attention to this matter. If we can be of service to your agency, please do not hesitate to contact us at 850.245.6750 or recm>>t�dos.myflorida com. Sincerely, Gerard J. Clark, Bureau Chief, Archives and Records Management Division of Library and Information Services GJC/eg Enclosure I Division of Library and Information Services R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 850.245.6600 • 850.245.6735) • Fax ) info.florida.gov P27 RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2015-2016 AgencylD' C0620500 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and efficient management of records." 2Rule 18-24.003(8), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S.. Photographic or electronic copies. , Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1 Records retention schedule number; 2. Item number; 3. Record series title: 4. Inclusive dates of the records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files If known, or indicate that the disposed records were in electronic form: and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 30, 2016 (submit one cony only, please) to: Department of State Records Management Program, Mail Station 9E OB recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 ) i P28 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1B-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic, including Cemail; microfilm; audio; video; etc.). Yes ❑ No (Unmarked responses will be recorded as not in compliance.) V 2. This agency disposed Aa 11 , 1.5cubic feet of records during the fiscal year indicated above. _ t 3. This agency disposed of records in electronic form during the fiscal year indicated above. U ❑ Yes ONo (It is not necessary to indicate volume of electronic records disposed.) .2 4) 4. ❑ Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on the N reverse side of this form. ,a Agency Head Signature: Date: VName of Agency Head (please print): _ JO S 'e p h E, r )LSC.i 1r✓r Title of Agency Head (please print): Cha.i r r+iz-n GPlease indicate changes to Agency Information on the lines provided on the right. .. Current Information. Please do not erase or cover information below. Indicate changes or additions on the lines below O"�C Agency Name: Indian River County Board of County Commissioners V = Agency Head: Mr Bob Solari M r', OSe�� .� Fre,,,Ic � r to = Address: 1801 27th Street O Building A gt Vero Beach, Florida 32960-3365 Q Section 257.36(5)(a), Florida Statutes,' re uires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, r please designate an RMLO for your agency on the lines provided on the right. Current Information: Please do not erase or cover information below. Indicate changes or additions on the lines below. O O RMLO: Ms. Doris E. Roy v C Address: 1801 27th Street NO J Building A Vero Beach, FL 32960-3365 Ix Phone: (772) 226-1408 Ext.. Email. droy@ircgov.com 'Section 257.36(5), Florida Statutes: "For the purposes of this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and efficient management of records." 2Rule 18-24.003(8), Florida Administrative Code: 'Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S.. Photographic or electronic copies. , Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1 Records retention schedule number; 2. Item number; 3. Record series title: 4. Inclusive dates of the records; 5. Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files If known, or indicate that the disposed records were in electronic form: and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 30, 2016 (submit one cony only, please) to: Department of State Records Management Program, Mail Station 9E OB recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 ) i P28 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Y -C." Consent Agenda - B. C. C. 12.2016 Ofce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorne-41-1"`� DATE: December 13, 2016 SUBJECT: Affordable Housing Advisory Committee Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the request of the Planning & Zoning Commission to appoint Kenneth A. "Chip" Landers to fill the Affordable Housing Advisory Committee position of member "actively serving on the local planning agency". Mr. Landers volunteered to serve in this position. Mr. Landers will fulfill the unexpired term of Maria Calderone and he has also agreed to renew his term, which commences in January 2017. FUNDING. There is no funding associated with this item. RECOMMENDATION. The County Attorney recommends that the Board appoint Kenneth A. "Chip" Landers to fill the "actively serving on the local planning agency" representative to the Affordable Housing Advisory Committee. APPROVED FOR DECEMBER 20, 2016 B. CC MEETING — CONSENT AGENDA COUNTYATTORNEY F:IAuorneylChristinalCOMMn TEESICeneraf MauerslBCCAgenda Memos1161213 Committee Appointment (ARAQ - Landemdoex P29 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: December 13, 2016 Subject: Miscellaneous Budget Amendment 003 Description and Conditions The attached budget amendment appropriates funding necessary for the following: On November 22, 2016, the Board of County Commissioners approved providing (1) $6,098 in overtime for employees in job classifications that were shifted to non-exempt status to fulfill requirements of the 'Fair Labor Standards Act, and (2) lump sum bonuses to exempt employees who worked additional hours related to Hurricane Matthew. The original agenda item identified $17,248 in lump sum bonuses and associated fringe benefits. The total amount of funding required associated with these two actions was $23,346. Since the initial analysis was completed, additional exempt staff was identified that worked additional hours during Hurricane Matthew. Therefore, the total amount requested in this budget amendment is $31,361. The attached entry appropriates funding from General Fund/Reserve for Contingency in the amount of $7,545, MSTU Fund/Reserve for .Contingency in the amount of $2,371, Transportation Fund/Reserve for Contingency in the amount of $6,902, Emergency Services District/Reserve for Contingency in the amount of $2,804, Beach Restoration Fund/Cash Forward Oct 1st for $216, SWDD/Cash Forward Oct 1St for $216, Golf Course/Cash Forward Oct 1st for $432, Utilities/Cash Forward Oct 1St for $1,942, Fleet/Cash Forward Oct 1St for $216, Risk/Cash Forward Oct 1St for $216, and Information Technology/Cash Forward Oct 1St for $8,501. 2. On December 6, 2016, the Board of County Commissioners approved funding replacement Jail Administration Windows and an Emergency Generator System. The attached entry appropriates funding in the amount of $135,720 from Optional Sales Tax/Cash Forward Oct 1 St P30 RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2016-2017 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2016-2017 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2016-2017 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Bob Solari Commissioner, Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2016. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Joseph E. Flescher, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P31 Exhibit "A" Resolution No. 2016 - Budget Office Approval: Budget Amendment: 003 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue Beach Restoration/Cash Forward Oct 1st 128039-389040 $216 $0 SWDD/Cash.Forward Oct 1st 411039-389040 $216 $0 Golf Course/Cash Forward Oct 1st 418039-389040 $432 $0 Utilities/Cash Forward Oct 1st 471039-389040 $1,942 $0 Fleet/Cash Forward Oct 1st 501039-389040 $216 $0 Risk/Cash Forward Oct'1st 502039-389040 $216 $0 Information Technology/Cash Forward Oct 1 st 505039-389040 $8,501 $0 Expense General Fund/Parks/Salaries 00121072-011120 $400 $0 General Fund/Parks/Social Security 00121072-012110 $25 $0 General Fund/Parks/Worker's Compensation 00121072-012140 $1 $0 General Fund/Parks/Medicare 00121072-012170 $6 $0 General Fund/Human Resources/Salaries 00120313-011120 $600 $0 General Fund/Human Resources/Social Security 00120313-012110 $37 $0 General Fund/Human Resources/Worker's Compensation 00120372-012140 $1 $0 General Fund/Human Resources/Medicare 00120313-012170 $9 $0 General.Fund/Purchasing/Salaries 00121613-011120 $600 $0 General .Fund/Purchasing/Social Security 00121613-012110 $37 $0 General Fund/Purchasing/Worker's Compensation 00121613-012140 $1 $0 General Fund/Purchasing/Medicare 00121613-012170 $9 $0 General Fund/Management & Budget/Salades 00122913-011120 $600 $0 General Fund/Management & Budget/Social Security 00122913-012110 $37 $0 General .Fund/Management & Budget/Worker's Compensation 00122913-012140 $1 $0 General Fund/Management & Budget/Medicare 00122913-012170 $9 $0 General Fund/Animal Control/Salaries 00125062-011120 $800 $0 P32 Resolution No 2016 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 003 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Animal Control/Social Security 00125062-012110 $50 $0 General Fund/Animal Control/Worker's Compensation 00125062-012140 $1 $0 General Fund/Animal Control/Medicare 00125062-012170 $12 $0 General Fund/REP Dept./Salaries 00123725-011120 $800 $0 General Fund/REP Dept./Social Security 00123725-012110 $50 $0 General Fund/REP Dept.NVorker's Compensation 00123725-012140 $1 $0 General Fund/REP Dept./Medicare 00123725-012170 $12 $0 General Fund/Emergency Base Grant/Salades 00123825-011120 $800 $0 General Fund/Emergency Base GranVSocial Security 00123825-012110 $50 $0 General Fund/Emergency Base Grant/Worker's Compensation 00123825-012140 $1 $0 General Fund/Emergency Base Grant/Medicare 00123825-012170 $12 $0 General Fund/General Services/Salaries 00120213-011120 $800 $0 General .Fund/General Services/Social Security 00120213-012110 $50 $0 General Fund/General Services/Worker's Compensation 00120213-012140 $1 $0 General Fund/General Services/Medicare 00120213-012170 $12 $0 General Fund/Emergency Management/Salaries 00120825-011120 $1,600 $0 General Fund/Emergency Management/Social Security 00120825-012110 $99 $0 General Fund/Emergency Management/Worker's Compensation 00120825-012140 $1 $0 General Fund/Emergency Management/Medicare 001208253-012170 $23 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $7,545 MSTU/Recreation/Salaries 00410872-011120 $800 $0 MSTU/Recreation/Social Security 00410872-012110 $50 $0 MSTU/Recreation/Worker's Compensation 00410872-012140 $1 $0 MSTU/Recreation/Medicare 00410872-012170 $12 $0 MSTU/IG Facility/Salaries 00411572-011120 $800 $0 MSTU/IG Facility/Social Security 00411572-012110 $50 $0 P33 Exhibit "A" Resolution No 2016 - Budget Office Approval: Budget Amendment: 003 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease MSTU/IG FacilityNVorkers Compensation 00411572-012140 $1 $0 MSTU/IG Facility/Medicare 00411572-012170 $12 $0 MSTU/Telecommunications/Salaries 00423437-011120 $600 $0 MSTU/Telecommunications/Social Security 00423437-012110 $37 $0 MSTU/Telecommunications/Worker's Compensation 00423437-012140 $1 $0 MSTU/Telecommunications/Medicare 00423437-012170 $9 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $2,371 Transportation Fund/Public Works/Salades 11124319-011120 $800 $0 Transportation Fund/Public Works/Social Security 11124319-012110 $50 $0 Transportation Fund/Public WorksNVorkers Compensation 11124319-012140 $1 $0 Transportation Fund/Public Wbrks/Medicare 11124319-012170 $12 $0 Transportation Fund/Road & Bridge/Salaries 11121441-011120 .$2,400 $0 Transportation Fund/Road & Bridge/Social Security 11121441-012110 $149 $0 Transportation Fund/Road & Bridge/Workers Compensation 11121441-012140 $5 $0 Transportation Fund/Road & Bridge/Medicare 11121441-012170 $35 $0 Transportation Fund/County Engineering/Salaries 11124441-011120 $1,000 $0 Transportation,Fund/County Engineering/Social Security 11124441-012110 $62 $0 Transportation Fund/County EngineeringNVorker's Compensation 11124441-012140 $3 $0 Transportation Fund/County Engineering/Medicare 11124441-012170 $15 $0 Transportation Fund/Traffic Engineering/Salaries 11124541-011120 $2,200 $0 Transportation Fund/Traffic Engineed ng/Social Security 11124541-012110 $136 $0 Transportation Fund/Traffic Engineering/Workers Compensation 11124541-012140 $3 $0 Transportation Fund/Traffic Engineering/Medicare 11124541-012170 $32 $0 Transportation Fund/Reserves/Reserve for Contingency 11119981-099910 $0 $6,902 Emergency Services District/Fire Rescue/Salaries 11412022-011120 $2,600 $0 Emergency Services District/Fire Rescue/Social Security 11412022-012110 $161 $0 P34 Resolution No. 2016 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 003 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Emergency Services District/Fire Rescue/Worker's Compensation 11412022-012140 $5 $0 Emergency Services District/Fire Rescue/Medicare 11412022-012170 $38 $0 Emergency Services District/Reserves/Reserve for Contingency 11419981-099910 $0 $2,804 Beach Restoration/District I/Salaries 12814472-011120 $200 $0 Beach Restoration/District I/Social Security 12814472-012110 $12 $0 Beach Restoration/District INVorker's Compensation 12814472-012140 $1 $0 Beach Restoration/District 1/Medicare 12814472-012170 $3 $0 SWDD/Landfill/Salaries 41121734-011120 $200 $0 SWDD/LandflUSalaries/Social Security 41121734-012110 $12 $0 SWDD/Landfill/SalariesNVorkees Compensation 41121734-012140 $1 $0 SWDD/Landfill/Salaries/Medicare 41121734-012170 $3 $0 Sandridge/Admin/Clubhouse/Salaries 41823672-011120 $400 $0 Sandridge/Admin/Clubhouse/Social Security 41823672-012110 $25 $0 Sandridge/Admin/ClubhouseNVorkees Compensation 41823672-012140 $1 $0 Sandridge/Admin/Clubhouse/Medicare 41823672-012170 $6 $0 Utilities/Utilities Operations/Salaries 47123536-011120 $1,200 $0 Utilities/Utilities Operations/Social Security 47123536-012110 $74 $0 Utilities/Utilities Operations/Worker's Compensation 47123536-012140 $2 $0 Utilifies/Utilities Operations/Medicare 47123536-012170 $17 $0 Utilities/Wastewater Collection/Salaries 47126836-011120 $400 $0 Utilities/Wastewater Collection/Social Security 47126836-012110 $25 $0 Utilities/Wastewater Collection/Worker's Compensation 47126836-012140 $1 $0 Utilities/Wastewater Collection/Medicare 47126836-012170 $6 $0 Utilities/Water Distribution/Salaries 47126936-011120 $200 $0 Utilities/Water Distribution/Social Security 47126936-012110 $12 $0 Utilities/Water Distribution/Worker's Compensation 47126936-012140 $1 $0 P35 Resolution No 2016 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 003 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Utilities/Water Distribution/Medicare 47126936-012170 $3 $0 FleettVehicle Maintenance/Salaries 50124291-011120 $200 $0 Fleet/Vehicle Maintenance/Social Security 50124291-012110 $12 $0 Fleet/Vehicle Maintenance/Worker's Compensation 50124291-012140 $1 $0 Fleet/Vehicle Maintenance/Medicare 50124291-012170 $3 $0 Self Insurance/Risk Management/Salaries 50224613-011120 $200 $0 Self Insurance/Risk Management/Social Security 50224613-012110 $12 $0 Self Insurance/Risk Management/Worker's Compensation 50224613-012140 $1 $0 Self Insurance/Risk Management/Medicare 50224613-012170 $3 $0 Information Technology/GIS Dept/Salaries 50510319-011120 $400 $0 Information Technology/GIS Dept/Social Security 50510319-012110 $25 $0 Information Technology/GIS Dept(Worker's Compensation 50510319-012140 $1 $0 Information Technology/GIS DepttMedicare 50510319-012170 $6 $0 Information Technology/Computer Services/Salaries 50524113-011120 $7,490 $0 Information Technology/Computer Services/Social Security 50524113-012110 $464 $0 Information Technology/Computer ServicesNVorker's Compensation 50524113-012140 $6 $0 Information Technology/Computer Services/Medicare 50524113-012170 $109 $0 2. Revenue Optional Sales Tax/Cash Forward Oct 1st 315039-389040 $135,720 $0 Expense Optional Sales Tax/Transfer/Sheriff-Law Enforcement 31560086-099040 $135,720 $0 P36 CONSENT INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll j714 - Human Resources Director DATE: December 13, 2016 8-E SUBJECT: Approval to Eliminate the Acupuncture Benefit from the Health Plan Effective January 1, 2017 to Offer a Special Enrollment Period in the Health Care Flexible Spending Account BACKGROUND: The Indian River County self-insured health plan has experienced a 391 % increase in acupuncture claims costs since 2013 as reflected below: *Annualized The annualized 2016 acupuncture cost of $1,015,944.35 makes up 7.6% of the total annualized health plan spend. The average number of office visits per person for this benefit in 2016 was 37 with 87 members being seen more than 26 times in the year. The acupuncture benefit is an out of network benefit which is paid at 60% by the health plan. If $123.27 represents 60% of the amount allowed, the member's share at 40% would be $82.18 and the member's cost share would be over $3,000 based on 37 visits. However, Florida Blue does not have any provider agreements with acupuncturists and an acupuncturist may waive the 40% employee paid coinsurance for the office visit which encourages increased utilization. To the member the office visit is free, however, the cost to the health plan remains substantial. Although the health plan is not required to include coverage for acupuncture, if a health plan does cover acupuncture, section 627.6403, Florida Statutes, states the following: "Any policy of individual health insurance that provides coverage for acupuncture shall cover the services of an acupuncturist certified pursuant to chapter 457 under the same conditions that apply to services of a licensed physician. " Staff requested information from Florida Blue and Gehring Group regarding possible options to manage the increased cost of the acupuncture benefit. One of the options discussed was to limit P37 the number of visits to 26 in the plan year to equal benefit limitations for chiropractic care. Limiting the benefit to 26 visits would reduce the claims cost of acupuncture to approximately $460K based on 2016 utilization. This limitation would reduce the costs of these services somewhat, but would not be completely effective at cost containment for the purposes of the 'health plan. To put these costs in perspective, the $30 monthly increase in employee premiums for the 2016/2017 plan year will generate approximately $490K in additional funding for the health plan. This premium increase paid by all employees will cover less than half of the cost of 2016 acupuncture claims paid which total over $1M. In order to maintain the financial stability of the health plan and mitigate future premium increases, corrective action is recommended. If changes to the acupuncture benefit are approved, it is also recommended that a midyear special enrollment for the health care flexible spending account (FSA) be offered to allow employees to modify contributions to their FSA. FUNDING: Funding for the self-funded health plan comes from employer paid premiums, employee paid premiums, retiree paid premiums, and OPEB trust contributions. RECOMMENDATION: Staff recommends approval for the acupuncture benefit to be eliminated from the County's health plan effective January 1, 2017 and to offer a special enrollment period for the health care flexible spending account. ATTACHMENTS: None. P38 I INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 2, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Utility Work By Highway Contractor Agreement with FDOT for the Relocation Services Of Water Main on 171' Street From US Highway 1 to the 17`h Street Causeway Bridge. DESCRIPTIONS AND CONDITIONS: Florida Department of Transportation (FDOT) is planning to widen a portion of 17th Street from US Highway 1 to the 17th Street Causeway Bridge. The subject widening is to begin in the summer of 2017. As part of the widening, FDOT is also relocating drainage structures and pipes. The county's existing water main will be in conflict with the proposed roadway improvements and will need to be relocated. ANALYSIS: Indian River County Department of Utility Services staff has designed the relocation of the existing 6 -inch water main. Due to the complexity of the relocation of the existing water main with the existing and proposed drainage structures and pipes, staff is of the opinion that the subject work be performed by the same contractor doing the roadway improvements. Therefore, staff requested FDOT prepare an agreement where the utility relocation work will also be performed by the prospective highway contractor. FUNDING: Funding for the water main relocation is available in the Renewal and Replacement budget in the operating fund. The operating fund budget is derived from water and sewer revenues. Description I Account Number Amount 17th Street Water Main 'Relocation 1 47123536-044699-17506 $63,006.00 RECOMMENDATION: Staff recommends the adoption of the Resolution regarding Utility Work by Highway Contractor Agreement for the Relocation Services of Water Main for the Construction of 17th Street from US Highway 1 to the 17th Street Causeway Bridge and approval of the FDOT — Utility Work by Highway Contractor Agreement. ATTACHMENT(s): 1. Resolution - Utility Work By Highway Contractor Agreement For The Relocation Services Of Water Main For The Construction Of 17th Street From Us Highway 1 To the 17th Street Causeway Bridge. 2. FDOT- Utility Work By Highway Contractor Agreement. F•\Utilities\UTILITY — EMPLOYEE FOLDERS\Arjuna Weragoda\FDOT\171^ Street\FDOT Resolution Agenda.doa P39 RESOLUTION NO. 2016 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT FOR THE RELOCATION SERVICES OF WATERMAIN FOR THE CONSTRUCTION OF 17TH STREET FROM US HWY 1 TO 17TH STREET CAUSEWAY BRIDGE WHEREAS, the FDOT is constructing, reconstructing, or otherwise changing a portion of 17th Street from US Hwy 1 to 17th Street Causeway Bridge; and WHEREAS, the Indian River County Department of Utility Services has designed the relocation of the existing 6 -inch watermain; and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 100 percent of the construction cost for the relocation of the existing watermain for the construction of the 17th Street Roadway improvements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, the Utility Work by Highway Agreement. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of . , 2016. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency Dylan Reingold, County Attorney FAUtilities\UTILITY - EMPLOYEE FOLDERMArjuna Weragoda\FDOT\17th Street\Resolution- FDOT Agreement .doc P40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22 UTILITIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-11/14 (AT UTILITY EXPENSE) Financial Project ID: 430593-2-56-01 Federal Project ID: Financial Project ID: Financial Project ID: Financial Project ID: County: Indian River State Road No.: 656 District Document No: Utility Agency/Owner (UAO): Indian River County THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT", and Indian River County, hereinafter referred to as the "UAO'; WITNESSETH: WHEREAS, the FDOT, is constructing, reconstructing, or otherwise changing a portion of a public road or publicly owned rail corridor, said project being identified as 17 Street from US -1 to 17 St Causewy Bridge, State Road No.: 656, hereinafter referred to as the "Project'; and WHEREAS, the UAO owns or desires to install certain utility facilities which are located within the limits of the Project hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, installed, or placed out of service pursuant to this Agreement); and WHEREAS, the Project requires the location (vertically and/or horizontally), protection, relocation, installation, adjustment or removal of the Facilities, or some combination thereof, hereinafter referred to as "Utility Work'; and . WHEREAS, the FDOT and the UAO desire to enter into a joint agreement pursuant to Section 337.403(1)(b), Florida Statutes for the Utility Work to be accomplished by the FDOT's contractor as part of the construction of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Design of Utility Work a. UAO shall prepare, at UAO's sole cost and expense, a final engineering design, plans, technical special provisions, a cost estimate, and a contingency Utility Work Schedule (said contingency schedule to be used in the case of a bid rejection) for the Utility Work (hereinafter referred to as the "Plans Package") on or before Nov. 04, year of 2016. b. The Plans Package shall be in the same format as the FDOT's contract documents for the Project and shall be suitable for reproduction. C. Unless otherwise specifically directed in writing, the Plans Package shall include any and all activities and work effort required to perform the Utility Work, including but not limited to, all clearing and grubbing, survey work and shall include a traffic control plan. d. The Plans Package shall be prepared in compliance with the FDOT's Utility Accommodation Manual and the FDOT's Plans Preparation Manual in effect at the time the Plans Package is prepared, and the FDOT's contract documents for the Project. If the FDOT's Plans Preparation Manual has been updated and conflicts with the Utility Accommodation Manual, the Utility Accommodation Manual shall Pagel of 9 P41 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC' 11�E4 (AT UTILITY EXPENSE) apply where such conflicts exist. e. The technical special provisions which are a part of the Plans Package shall be prepared in accordance with the FDOT's guidelines on preparation of technical special provisions and shall not duplicate or change the general contracting provisions of the FDOT's Standard Specifications for Road and Bridge Construction and any Supplemental Specifications, Special Provisions, or Developmental Specifications of the FDOT for the Project. f. UAO shall provide a copy of the proposed Plans Package to the FDOT, and to such other right of way users as designated by the FDOT, for review at the following stages: Biddability & Production. Prior to submission of the proposed Plans Package for review at these stages, the UAO shall send the FDOT a work progress schedule explaining how the UAO will meet the FDOT's production schedule. The work progress schedule shall include the review stages, as well as other milestones necessary to complete the Plans Package within the time specified in Subparagraph a. above. g. In the event that the FDOT finds any deficiencies in the Plans Package during the reviews performed pursuant to Subparagraph f. above, the FDOT will notify the UAO in writing of the deficiencies and the UAO will correct the deficiencies and return corrected documents within the time stated in the notice. The FDOT's review and approval of the documents shall not relieve the UAO from responsibility for subsequently discovered errors or omissions. h. The FDOT shall furnish the UAO such information from the FDOT's files as requested by the UAO; however, the UAO shall at all times be and remain solely responsible for proper preparation of the Plans Package and for verifying all information necessary to properly prepare the Plans Package, including survey information as to the location (both vertical and horizontal) of the Facilities. The providing of information by the FDOT shall not relieve the UAO of this obligation nor transfer any of that responsibility to the FDOT. i. The Facilities and the Utility Work will include all utility facilities of the UAO which are located within the limits of the Project, except as generally summarized as follows: n/a. These exceptions shall be handled by separate arrangement. If any facilities of the UAO located within the project limits are discovered after work on the project commences to be qualified for relocation at the FDOT's expense, but not previously identified as such, the UAO shall file a claim with the FDOT for recovery of the cost of relocation thereof. The filing of the claim shall not necessarily entitle the UAO to payment, and resolution of the claim shall be based on a determination of fault for the error. The discovery of facilities not previously identified as being qualified for relocation at the FDOT's expense shall not invalidate this Agreement. k. The UAO shall fully cooperate with all other right of way users in the preparation of the Plans Package. Any conflicts that cannot be resolved through cooperation shall be resolved in the manner determined by the FDOT. Upon completion of the Utility Work, the Facilities shall be deemed to be located on the public road or publicly owned rail corridor under and pursuant to the Utility Permit: (Note. It is the intent of this line to allow either attachment of or separate reference to the permit). 2. Performance of Utility Work a. The FDOT shall incorporate the Plans Package into its contract for construction of the Project. b. The FDOT shall procure a contract for construction of the Project in accordance with the FDOT's requirements. C. If the portion of the bid of the contractor selected by the FDOT which is for performance of the Utility Work exceeds the FDOT's official estimate for the Utility Work by more than ten percent (10%) and Page 2 of 9 P42 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BioILITIE2 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC 11E4 (AT UTILITY EXPENSE) the FDOT does not elect to participate in the cost of the Utility Work pursuant to Section 337.403(1)(b), Florida Statutes, the UAO may elect to have the Utility Work removed from the FDOT's contract by notifying the FDOT in writing within 10 days from the date that the UAO is notified of the bid amount. Unless this election is made, the Utility Work shall be performed as part of the Project by the FDOT's contractor. d. If the UAO elects to remove the Utility Work from the FDOT's contract in accordance with Subparagraph 2. c., the UAO shall perform the Utility Work separately pursuant to the terms and conditions of the FDOT's standard relocation agreement, the terms and conditions of which are incorporated herein for that purpose by this reference, and in accordance with the contingency relocation schedule which is a part of the Plans Package. The UAO shall proceed immediately with the Utility Work so as to cause no delay to the FDOT or the FDOT's contractor in constructing the Project. e. The UAO shall perform all engineering inspection, testing, and monitoring of the Utility Work to insure that it is properly performed in accordance with the Plans Package, except for the following activities: General engineering insaection and will furnish the FDOT with daily diary records showing approved quantities and amounts for weekly, monthly, and final estimates in accordance with the format required by FDOT procedures. f. Except for the inspection, testing, monitoring, and reporting to be performed by the UAO in accordance with Subparagraph 2. e., the FDOT will perform all contract administration for its construction contract. g. The UAO shall fully cooperate with the FDOT and the FDOT's contractor in all matters relating to the performance of the Utility Work. h. The FDOT's engineer has full authority over the Project and the UAO shall be responsible for coordinating and cooperating with the FDOT's engineer. in so doing, the UAO shall make such adjustments and changes in the Plans Package as the FDOT's engineer shall determine are necessary for the prosecution of the Project. i. The UAO shall not make any changes to the Plans Package after the date on which the FDOT's contract documents are mailed for advertisement of the Project unless those changes fall within the categories of changes which are allowed by supplemental agreement to the FDOT's contract pursuant to Section 337.11, Florida Statutes. All changes, regardless of the nature of the change or the timing of the change, shall be subject to the prior approval of the FDOT. 3. Cost of Utility Work The UAO shall be responsible for all costs of the Utility Work and all costs associated with any adjustments or changes to the Utility Work determined by the FDOT's engineer to be necessary, including, but not limited to the cost of changing the Plans Package and the increase in the cost of performing the Utility Work, unless the adjustments or changes are necessitated by an error or omission of the FDOT. The UAO shall not be responsible for the cost of delays caused by such adjustments or changes unless they are attributable to the UAO pursuant to Subparagraph 4.a. The initial estimate of the cost of the Utility Work is $63,005.60. At such time as the FDOT prepares its official estimate, the FDOT shall notify the UAO of the amount of the official estimate for the Utility Work. Upon being notified of the official estimate, the UAO shall have five (5) working days within which to accept the official estimate for purposes of making deposits and for determining any possible contribution on the part of the FDOT to the cost of the Utility Work, or to elect to have the Utility Work removed from the FDOT's contract and performed separately pursuant to the terms and conditions set forth in Subparagraph 2. d. hereof. C. At least thirty (30 ) calendar days prior to the date on which the FDOT advertises the Project for bids, Page 3 of 9 P43 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ 11114 (AT UTILITY EXPENSE) the UAO will pay to the FDOT an amount equal to the FDOT's official estimate; plus 2% for mobilization of equipment for the Utility Work, additional maintenance of traffic costs for the Utility Work, administrative costs of field work, tabulation of quantities, Final Estimate processing and Project accounting (said amounts are to be hereinafter collectively referred to as the Allowances); plus 10% of the official estimate for a contingency fund to be used as hereinafter provided for changes to the Utility Work during the construction of the Project (the Contingency Fund). d. Payment of the funds pursuant to this paragraph will be made (choose one): ® directly to the FDOT for deposit into the State Transportation Trust Fund. ❑ as provided in the attached Three Party Escrow Agreement between UAO, FDOT and the State of Florida, Department of Financial Services, Division of Treasury. Deposits of less than $100,000.00 must be pre -approved by the Department of Financial Services and FDOT Comptroller's Office prior to execution of this agreement. e. If the portion of the contractor's bid selected by the FDOT for performance of the Utility Work exceeds the amount of the deposit made pursuant to Subparagraph c. above, then subject to and in accordance with the limitations and conditions established by Subparagraph 2. c. hereof regarding FDOT participation in the cost of the Utility Work and the UAO's election to remove the Utility Work from the Project, the UAO shall, within fourteen (14) calendar days from notification from the FDOT or prior to posting of the accepted bid, whichever is earlier, pay an additional amount to the FDOT to bring the total amount paid to the total obligation of the UAO for the cost of the Utility Work, plus Allowances and 10% Contingency Fund. The FDOT will notify the UAO as soon as it becomes apparent the accepted bid amount plus allowances and contingency is in excess of the advance deposit amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. In the event that the UAO is obligated under this Subparagraph 3.e. to pay an additional amount and the additional amount that the UAO is obligated to pay does not exceed the Contingency Fund already on deposit, the UAO shall have sixty (60) calendar days from notification from the FDOT to pay the additional amount, regardless of when the accepted bid is posted. f. If the accepted bid amount plus allowances and contingency is less than the advance deposit amount, the FDOT will refund the amount that the advance deposit exceeds the bid amount, plus allowances and contingency if such refund is requested by the UAO in writing and approved by the Comptroller of the FDOT or his designee. g. Should contract modifications occur that increase the UAO's share of total project costs, the UAO will be notified by the FDOT accordingly. The UAO agrees to provide, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the FDOT is sufficient to fully fund its share of the project costs. The FDOT shall notify the UAO as soon as it becomes apparent the actual costs will overrun the award amount; however, failure of the FDOT to so notify the UAO shall not relieve the UAO from its obligation to pay for its full share of project costs on final accounting as provided herein below. h. The FDOT may use the funds paid by the UAO for payment of the cost of the Utility Work. The Contingency Fund may be used for increases in the cost of the Utility Work which occur because of quantity overruns or because of adjustments or changes in the Utility Work made pursuant to Subparagraph 2. h. Prior to using any of the Contingency Fund, the FDOT will obtain the written concurrence of the person delegated that responsibility by written notice from the UAO. The delegatee shall respond immediately to all requests for written concurrence. If the delegatee refuses to provide written concurrence promptly and the FDOT determines that the work is necessary, the FDOT may proceed to perform the work and recover the cost thereof pursuant to the provisions of Section 337.403(3), Florida Statutes. In the event that the Contingency Fund is depleted, the UAO shall, within fourteen (14) calendar days from notification from the FDOT, pay to the FDOT an additional 10% of the total obligation of the UAO for the cost of the Utility Work established under Page 4 of 9 P44 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-11114 (AT UTILITY EXPENSE) Subparagraph 3. e. for future use as the Contingency Fund. Upon final payment to the Contractor, the FDOT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty (360) days. All project cost records and accounts shall be subject to audit by a representative ofthe UAO for a period of three .(3) years after final close out of the Project. The UAO will be notified of the final cost. Both parties agree that in the event the final accounting of total project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the FDOT to the UAO in accordance with Section 215.422, Florida Statutes. In the event said final accounting of total project costs is greater than the total deposits to date, the UAO will pay the additional amount within forty (40) calendar days from the date of the invoice. The UAO agrees to pay interest at a rate as established pursuant to Section 55.03, Florida Statutes, on any invoice not paid within the time specified in the preceding sentence until the invoice is paid. 4. Claims Against UAO a. The UAO shall be responsible for all costs incurred as a result of any delay to the FDOT or its contractors caused by errors or omissions in the Plans Package (including inaccurate location of the Facilities) or by failure of the UAO to properly perform its obligations under this Agreement in a timely manner. b. In .the event the FDOT's contractor provides a notice of intent to make a claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the notice of intent and the UAO will thereafter keep and maintain daily field reports and all other records relating to the intended claim. C. In the event the FDOT's contractor makes any claim against the FDOT relating to the Utility Work, the FDOT will notify the UAO of the claim and the UAO will cooperate with the FDOT in analyzing and resolving the claim within a reasonable time. Any resolution of any portion of the claim directly between the UAO and the FDOT's contractor shall be in writing, shall be subject to written FDOT concurrence and shall specify the extent to which it resolves the claim against the FDOT. d. The FDOT may withhold payment of surplus funds to the UAO until final resolution (including any actual payment required) of all claims relating to the Utility Work. The right to withhold shall be limited to actual claim payments made by the FDOT to the FDOT's contractor. 5. Out of Service Facilities No Facilities shall be placed out of service unless specifically identified as such in the Plans. The following terms and conditions shall apply to Facilities placed Out -of -Service: The UAO acknowledges its present and continuing ownership of and responsibility for out of service Facilities. The FDOT agrees to allow the UAO to leave the Facilities within the right of way subject to the continuing satisfactory performance of the conditions of this Agreement by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities shall be removed upon demand from the FDOT in accordance with the provisions of Subparagraph e. below. C. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe in accordance with any and all applicable local, state or federal laws and regulations and in accordance With the legal duty of the UAO to use due care in its dealings with others. The UAO shall be solely responsible for gathering all information necessary to meet these obligations. d. The UAO shall keep and preserve all records relating to the Facilities, including, .but not limited to, records of the location, nature of, and steps taken to safely secure the Facilities and shall promptly respond to information requests of the FDOT or other permittees using or seeking use of the right of Page 5 of 9 P45 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22 L UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC I11/114 (AT UTILITY EXPENSE) way. e. The UAO shall remove the Facilities at the request of the FOOT in the event that the FOOT determines that removal is necessary for FDOT use of the right of way or in the event that the FOOT determines that use of the right of way is needed for other active utilities that cannot be otherwise accommodated in the right of way. Removal shall be at the sole cost and expense of the UAO and without any right of the UAO to object or make any claim of any nature whatsoever with regard thereto. Removal shall be completed within the time specified in the FOOT's notice to remove. In the event that the UAO fails to perform the removal properly within the specified time, the FOOT may proceed to perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and 337.404, Florida Statutes. Except as otherwise provided in Subparagraph e. above, the UAO agrees that the Facilities shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse the FOOT for any and all costs of any nature whatsoever resulting from the presence of the Facilities within the right of way. Said costs shall include, but shall not be limited to, charges or expenses which may result from the future need to remove the Facilities or from the presence of any hazardous substance or material in or discharging from the Facilities. Nothing in this paragraph shall be interpreted to require the UAO to indemnify the FOOT for the FDOT's own negligence; however, it is the intent that all other costs and expenses of any nature be the responsibility of the UAO. 6. Default a. In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the following options, provided that at no time shall the FOOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from FOOT. (2) Pursue a claim for damages suffered by the FOOT. (3) If the Utility Work is reimbursable under this Agreement, withhold reimbursement payments until the breach is cured. The right to withhold shall be limited to actual claim payments made by FOOT to third parties. (4) If the Utility Work is reimbursable under this Agreement, offset any damages suffered by the FOOT or the public against payments due under this Agreement for the same Project. The right to offset shall be limited to actual claim payments made by FOOT to third parties. (5) Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT property if the breach is material and has not been cured within sixty (60) days from written notice thereof from FOOT (6) Pursue any other remedies legally available. (7) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337.403(3), Florida Statutes. b. In the event that the FDOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within sixty (60) days from written notice thereof from the UAO. Page 6 of 9 P46 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 710-010-22 UTILUTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT OGC 11/14 (AT UTILITY EXPENSE) (2) If the breach is a failure to pay an invoice for Utility Work which is reimbursable under this Agreement, pursue any statutory remedies that the UAO may have for failure to pay invoices. (3) Pursue any other remedies legally available. c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties nor from any statutory obligations that either party may have with regard to the subject matter hereof. 7. Force Majeure Neither the UAO nor the FDOT shall be liable to the other for any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible. 8. Indemnification FOR GOVERNMENT-OWNED UTILITIES, To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FDOT will immediately forward the claim to the UAO. The UAO and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FDOT in such claim as described in this section. The FDOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section. The FDOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs. FOR NON -GOVERNMENT-OWNED UTILITIES, The UAO shall indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. The UAO's obligation to indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FDOT's notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by certified mail. The Page 7 of 9 P47 22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTIotolIT1ES' UTI UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-11/14 (AT UTILITY EXPENSE) UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FDOT is solely negligent. Only a final adjudication of judgment finding the FDOT solely negligent shall excuse performance of this provision by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the FDOT. The FDOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend. 9. Miscellaneous a. Time is of essence in the performance of all obligations under this Agreement. b. The Facilities shall at all times remain the property of and be properly protected and maintained by the LIAO in accordance with the current Utility Accommodation Manual in effect at the time the Plans Package is prepared and the current utility permit for the Facilities; provided, however, that the UAO shall not be obligated to protect or maintain any of the Facilities to the extent the FDOT's contractor has that obligation as part of the Utility Work pursuant to the FDOT's specifications. C. The FDOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction w'Ith this Agreement. d. This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FDOT has manuals and written policies and procedures which may be applicable at the time of the Project and the relocation of the Facilities. e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof. All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided. The UAO shall have a continuing obligation to notify each District of the FDOT of the appropriate persons for notices to be sent pursuant to this Agreement. Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: Arjuna Weragoda, P.E., Capital Projects Manager 1801 27th Street, Building A, Vero Beach, FL 32960 AWeragoda@ircgov.com 772-226-1821 If to the FDOT: Tim Brock, P.E., District Utility Engineer 3400 W. Commercial Blvd, Fort Lauderdale, FL 33309 Tim. Brock Brock@dot.state.fl.us 954-777-4125 10. Certification This document is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes To Form Document and no change is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the Page 8 of 9 P48 710-010-22 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITIES UTILIES UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT occ-11114 (AT UTILITY EXPENSE) appendix entitled Changes to Form Document. You MUST signify by selecting or checking which of the following applies: ❑ No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document' is attached. ® No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written. UTILITY: Indian River County BY;(Signature) DATE: (Typed Name: Joseph E. Flescher) (Typed Title: Chairman of Board of County Commissioners Recommend Approval by the District Utility Office BY: (Signature) DATE: FDOT Legal review BY: (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (Signature) DATE: (Typed Name: Stacy Miller. P.E. ) (Typed Title: Director of Development) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: (Typed Name: ) (Typed Title: ) Page 9 of 9 DATE: P49 Consent INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator FROM: John King, Director Department of Emergency Services DATE: December 8, 2016 SUBJECT: Approval of Federally Funded Public Assistance Funding Agreement Iridian River County was included in the major disaster declaration (FEMA4283-DR) due to Hurricane Matthew and was included in the declaration for Individual and Public Assistance. FEMA's Public Assistance program is a Federal grant to aid State and Local governments in returning a disaster area to ;pre -disaster conditions. A minimum of 75% of eligible cost is provided to primarily address the repair and restoration of public facilities and infrastructure which have been damaged or destroyed, or the restoration of services which were negatively impacted. As an eligible applicant, Indian River County submitted a formal Request for Public Assistance. That request has been approved and the next step is for Indian River County to enter into the Federally Funded Public Assistance Funding Agreement with the Florida Division of Emergency Management. RECOMMENDATION: Staff recommends approval of this agreement in order for Indian River County to be eligible for federal funds. ATTACHMENTS: Two (2) original contracts for the Chairman's signature. P50 INSTRUCTIONS TO EXECUTE THE FEDERALLY FUNDED PUBLIC ASSISTANCE FUNDING AGREEMENT BY THE SUBGRANTEE/SUBRECIPIENT FEMA's Public Assistance program is a Federal grant to aid State and Local governments in returning a disaster area to pre -disaster conditions. A minimum of 75% of eligible cost is provided to primarily address the repair and restoration of public facilities and infrastructure which have been damaged or destroyed, or the restoration of services which were negatively impacted. Eligible Applicants are State, tribal, or local governments, and the owners or operators of certain private nonprofit facilities. In order to be eligible for federal funds, you were required to submit a Request for Public Assistance (RPA). That request has been approved. FEMA and the State share the responsibility for making Public Assistance funds available to the Subgrantee/Subrecipient. Funds that FEMA obligates to the State via electronic transfer, reside in the Federal account (SMARTLINK) until the State is ready to award grants to the appropriate Subgrantees/Subrecipients. EXECUTION OF THE AGREEMENT SIGNATURE AUTHORITY 1. Because your request for Public Assistance (RPA) was approved, it is now necessary for you, as the Subgrantee/Subrecipient, to enter into the attached Agreement with the Florida Division of Emergency Management (the Grantee/Recipient). The following specific officers/officials, or their authorized designees, are required to sign this Agreement on behalf of the specified type of Subgrantee/Subrecipient. (NOTE: If this Agreement is signed by a designee, a duly authenticated delegation of authority evidencing the signer's authority to execute the Agreement for and on behalf of the Subgrantee/Subrecipient must be attached to the Agreement for review by the Division.) a. Corporation: the chair of the board of directors or president; b. City: the mayor or city manager; c. County: the chair of the board of county commissioners or the county manager; d. School Board: the superintendent; e. Fire District: the district chief; f. Special Districts: the executive director; g. Institution of Higher Education: the president of the institution; h. Charter School: the chair of the board of directors; i. County Sheriff's Office: the sheriff; j. State Agencies: the Secretary or Director of the Agency; k. All other Subgrantee/Subrecipients: the chief executive officer of the .entity. 2. Copies of the Agreement can be obtained through FloridaPA.org by anyone authorized by the Subgrantee/Subrecipient to access the system. PA Funding Agreement Instructions FEMA -4283 -DR -FL P51 CHECKLIST FOR EXECUTING THE FUNDING AGREEMENT In what may be a change from how the Funding Agreement has been executed in previous disasters, it is now necessary take the following steps to ensure that the Funding Agreement and associated documentation is processed as quickly as possible: O 1. Download the Agreement and these instructions from the "Funding Agreement" section of your FloridaPA.org Subgrantee/Subrecipient Account Summary page for disaster FEMA - 4283 -DR -FL within www.FloddaPA.org; O 2. Complete all user -defined fields, save the Agreement to your local computer, then print a copy of the Agreement with all attachments. (Print two copies if you want to receive an executed copy with original signatures back from the Division); O 3. Have the officer/official listed above, or their designee with signature authority, sign: a. the Statement of Assurances signature page (Attachment A); b. the Funding Agreement on page 23, under the subsection "For the Subgrantee/ Subrecipient," (If signed by a designee, a duly authenticated delegation of authority evidencing the signer's authority to execute the Agreement for and on behalf of the Subgrantee/Subrecipient must be attached.); and C. the bottom of Attachment D, on the line for "Subgrantee/Subrecipient Authority/ Board/Commission Signature." d. The bottom of Attachment E on the line "FOR: Subgrantee/Subrecipient BY:" O 4. Scan a PDF copy of the Agreement with all Attachments and upload the PDF copy into www.FloridaPA.org. (This can be accomplished by selecting "View Funding Agreement" on the Event Summary page for disaster FEMA -4283 -DR -FL.) O 5. Once uploaded, advance the Agreement in www.FloddaPA.org, where it will be reviewed and advanced for legal review. O 6. Send the original(s) of the signed Agreement by U.S. Mail or courier service to the following address: Attn: Evan Rosenberg, Bureau Chief Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100. Once received, the Division's representative will execute the Agreement and a scanned copy of the fully executed Agreement will be uploaded into www.FloridaPA.org. (If the Subgrantee/ Subrecipient has sent two copies of the Funding Agreement, each with original signatures, the Division will return one fully executed copy with original signatures to the Subgrantee/ Subrecipient. If only one copy with original signatures has been sent by the Subgrantee/ Subrecipient, then the Division will retain the resulting fully executed copy of the Agreement.) OTHER INFORMATION It is the Subgrantee's/Subrecipient's responsibility to review all of the provisions in the Agreement and Attachments, and completely fulfill its duties and obligations thereunder. While PA Funding Agreement Instructions FEMA -4283 -DR -FL 2 P52 the provisions may not be modified, the Subgrantee/Subrecipient has the right to consult with counsel and have counsel review the Agreement before signing and submitting it to the Division for acceptance. While all of the provisions are important and must be complied with, the following provisions are especially important for the Subgrantee/Subrecipient to be aware of: GRANTEE'S/RECIPIENT'S WEB -BASED PROJECT MANAGEMENT SYSTEM (FloridaPA.org) Subgrantees/Subrecipients must use the Grantee's/Recipient's web -based project manage- ment system, FloridaPA.org, (available at www.FloridaPA.org) to access and exchange project information with the State throughout the project's life. This includes processing advances, reimbursement requests, quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Grantee/Recipient upon request by the Subgrantee/Subrecipient. The Sub- grantee/Subrecipient is required to have working knowledge of the FloridaPA.org system. TIMELINE FOR PERFORMANCE OF WORK COMPLETION DATES In accordance with 44 C.F.R. § 206.204, the Subgrantee/Subrecipient must complete all projects — whether small projects or large projects — no 'later than 18 months from the date a major disaster or emergency is declared by the President, except that the Subgrantee/ Subrecipient only has 6 months to complete projects related to debris removal and emergency work. Based on extenuating circumstances or unusual project requirements beyond the control of the Subgrantee%Subrecipient, the Grantee/Recipient may — but is not required to — extend the completion deadline for an additional 6 months for debris removal and emergency work, and 30 months for permanent restoration work. The Subgrantee/Subrecipient must notify the State and certify work is complete on small projects. CLOSEOUT The Public Assistance Program is considered programmatically closed when FEMA assures that all of the grants awarded under this Agreement for a disaster meet the statutory and regulatory requirements that govern the program. To achieve programmatic closure, the Grantee/Recipient ensures that all funds have been obligated and all work has been completed in accordance with .this Agreement. In addition, FEMA must resolve any appeals before programmatic closure is complete. Financial reconciliation of the grant, or grant closure, occurs later, when FEMA and the Grantee/Recipient (State) reach agreement that all applicable administrative actions related to the Public Assistance Program are complete and all program funds related to the disaster have been reconciled. A signed Project Completion and Certification report is required to close this Agreement. PA Funding Agreement Instructions FEMA -4283 -DR -FL 3 P53 Contract Number: 17 -PA -U5-10-41-02-081 Subgrantee/Subrecipient: Indian River County FIPS/PAID Number: 061-99061-00 HURRICANE MATTHEW DISASTER DECLARATION (FEMA -4283 -DR -FL) Federally Funded Public Assistance State Agreement THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, whose headquarters is in Tallahassee, Leon County, Florida (hereafter referred to as the "Grantee/Recipient"), and: (hereinafter referred to as the "Subgrantee/Subrecipient"). WHEREAS., On October 8, 2016, President Barack H. Obama issued a Major Disaster Declaration designated FEMA -4283 -DR -FL for the State of Florida as a result of Hurricane Matthew; and WHEREAS, The Declaration, as amended, authorizes Public Assistance funding for eligible disaster recovery efforts in Bradford, Brevard, Clay, Duval, Flagler, Indian River, Lake, Martin, Nassau, Palm Beach, Putnam, Seminole, St. Johns, St. Lucie, and Volusia Counties. WHEREAS, The FEMA -State Agreement executed October 12, 2016, and subsequently amended, between the State of Florida and the Federal Emergency Management Agency (FEMA) governing the use of such funds requires the State to share the costs eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees/Subrecipients; and WHEREAS, The Subgrantee/Subrecipient is located in the affected area and appears to have suffered eligible damage; now THEREFORE, the Grantee/Recipient and the Subgrantee/Subrecipient, as evidenced by the execution of this document by affixing the signatures of the parties' authorized representatives below, agree to the following: 1) DEFINITIONS. a. As used in this Agreement, the following terms have the following meanings unless another meaning is specified elsewhere: i. Agreement Sum: is the Grantee's/Recipient's amount of reimbursement to the Subgrantee/Subrecipient for its verified expenses, subject to the scope of work identified in the Project Worksheet for Small and/or Large Projects. ii. Eligible activities: are those activities authorized in the FEMA -State Agreement (located in FloridaPA.org on the main Disaster Summary Page PA Funding Agreement FEMA -4283 -DR -FL page 1 of 23 P54 under "documents"), and in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.0 §§ 5121-5207 (Stafford Act); in accordance with 44 C.F.R.; 2 C.F.R.; and applicable policies of both the State of Florida and FEMA. iii. FEMA - State Agreement: is the agreement executed October 12, 2016, and amended from time to time, between the FEMA and the State of Florida, for a presidential major disaster declaration designated FEMA - 4283 -DR -FL. iv. Large Project Threshold: When the approved estimate of eligible costs for an individual project under this major disaster is $123,10000 or greater, it is a Large Project. v. P.2. package: is the formal notification used for all versions of a Project Worksheet with a change in the funding amount. vi. Project Worksheet (Subgrant Application): is the primary form used to document the location, damage description and dimensions, scope of work, Special Considerations, and cost estimates for each small or large project. It is the basis for the grant. vii. Reasonable: for purposes of access to records, is construed according to the circumstances, but ordinarily means during the normal business hours of 8:00 a.m. to 5:00 p.m., local time, on any Monday through Friday that is not a state or federal holiday. viii. Zero (0) Dollar Notification Letter: is the notification for projects where there are scope changes, improved or alternate projects, ineligible cost or a zero (0) dollar variance closeout. 2) AGREEMENT TO BE BOUND. a. The parties enter into this Agreement intending to be bound by same. b. The parties specifically agree to comply with all conditions, obligations, and duties imposed by this Agreement, by the FEMA - State Agreement, and by all applicable State and federal laws, regulations, and policies without limitation, including but not limited to 44 C.F.R.; 2 C.F.R.; and applicable policies of both the State of Florida and FEMA. The Subgrantee/Subrecipient further agrees to comply with the Statement of Assurances attached hereto as Attachment "A" and incorporated herein by reference. 3) FUNDING. a. The federal share of the eligible costs specified in the Project Worksheets under this Agreement is seventy-five percent (75%) of such costs, unless a higher percentage is approved. The non-federal share is the remaining amount. b. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. c. The Subgrantee/Subrecipient acknowledges that' the Grantee's/Recipient's obligation to pay under this Agreement is contingent upon an appropriation by the PA Funding Agreement FEMA -4283 -DR -FL page 2 of 23 P55 State Legislature, subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. d. Disbursement must be consistent with section 252.37, Florida Statutes. Admin- istrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206.228 and do not require matching funds may also be funded by FEMA. e. Subject to an advance payment of funds by the Grantee/Recipient to the Subgrantee/Subrecipient, the Grantee/Recipient will provide funds on a cost reimbursement basis to the Subgrantee/Subrecipient for eligible activities approved by the Grantee/Recipient and FEMA, as specified in the approved Subgrantee/Subrecipient Project Worksheets. f. The Grantee/Recipient may provide some portion of any nonfederal share for some Subgrantees/Subrecipients. As a condition of receipt of the federal funding, the Subgrantee/Subrecipient agrees to provide any nonfederal share not paid by the Grantee/Recipient. The federal allowable costs must be determined as per 2 C.F.R. and 44 C.F.R. §§ 13 and 206. g. The approved Project Worksheets will be transmitted to the Subgrantee/ Subrecipient, and must state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. h. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. These actions will be denoted in the final version of the obligated project worksheet for each project. i. The approved Project Worksheets will document the total eligible costs and the total federal share of those costs. j. As a condition of funding under this Agreement, the Subgrantee/Subrecipient agrees that the Grantee/Recipient may withhold funds otherwise payable to the Subgrantee/Subrecipient from any disbursement to the Grantee/Recipient, by FEMA or any other source, upon a determination by the Grantee/Recipient or FEMA that funds exceeding the eligible costs have been disbursed to the Subgrantee/Subrecipient pursuant to this Agreement or any other funding agreement administered by the Grantee/Recipient. k. The Subgrantee/Subrecipient understands and agrees that the Grantee/Recipient may offset any funds due and payable to the Subgrantee/Subrecipient until the debt to the State is satisfied. In such event, the Grantee/Recipient will notify the Subgrantee/Subrecipient via the entry of notes in FloridaPA.org. 4) INSURANCE. a. The Subgrantee/Subrecipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace, financial assistance from insurance coverage and/or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Subgrantee/ Subrecipient further understands and agrees that If Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance and/or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4) and 312 (c). PA Funding Agreement FEMA -4283 -DR -FL page 3 of 23 P56 b. As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252- 253, for damaged facilities, the Subgrantee/Subrecipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Grantee/Recipient acknowl- edges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than $5,00000. c. In addition to the preceding requirements, the Subgrantee/Subrecipient under- stands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, "Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Subgrantee/Subrecipient to purchase and maintain insurance, where that insurance is "reasonably available, adequate or necessary to protect against future loss" to an insurable facility as a condition for receiving disaster assistance funding. The Act further states "if the requirement to purchase insurance is not met, FEMA will not provide assistance for damages sustained in the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not "reasonably available, adequate or necessary to protect against future loss" to an insurable facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. d. The Subgrantee/Subrecipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§ 206.252-253. e. The Subgrantee/Subrecipient agrees to notify the Grantee/Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Subgrantee/Sub- recipient further agrees to provide all pertinent insurance information, including but not limited to copies of -all policies, declarations pages, insuring agreements, conditions, exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. f. The Subgrantee/Subrecipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. 5) DUPLICATION OF BENEFITS PROHIBITED. a. The Subgrantee/Subrecipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Subgrantee/ Subrecipient receive any other duplicate benefits from any source whatsoever. b. The Subgrantee/Subrecipient agrees to reimburse the Grantee/Recipient if it receives any duplicate benefits, from any source, for any damage identified on the applicable Project Worksheets, for which the Subgrantee/Subrecipient has received payment from the Grantee/Recipient. c. The Subgrantee/Subrecipient agrees to notify the Grantee/Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, PA Funding Agreement FEMA -4283 -DR -FL page 4 of 23 P57 applies for, or receives funds, regardless of the source, which could reasonably be considered as duplicate benefits. d. In the event the Grantee/Recipient determines the Subgrantee/Subrecipient has received duplicate benefits, the Subgrantee/Subrecipient gives the Grantee/ Recipient and/or the Chief Financial Officer of the State of Florida, the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Subgrantee/Subrecipient, and to use such remedies as may be available administratively, at law, or at equity, to recover such benefits. 6) COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS. a. The Subgrantee/Subrecipient is responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Grantee/Recipient, and in accordance with applicable Local, State, and Federal legal requirements. b. If applicable, the contract documents for any project undertaken by the Sub- grantee/Subrecipient, and any land use permitted by or engaged in by the Sub- grantee/Subrecipient, must be consistent with the local government comp- rehensive plan. c. The Subgrantee/Subrecipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. d. The Subgrantee/Subrecipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. 7) DOCUMENTATION AND INSPECTIONS. a. The Subgrantee/Subrecipient must create and maintain documentation of work performed and costs incurred on each project site identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. If the Grantee/Recipient determines the Subgrantee/Subrecipient has failed to create and maintain such documentation, the Grantee/Recipient may, in its sole discretion, terminate further funding under this Agreement. In such event the Subgrantee/Subrecipient must, within sixty (60) days of receipt of Notice by the Grantee/Recipient, reimburse the Grantee/ Recipient for all payments disbursed to the Subgrantee/Subrecipient, together with any and all accrued interest. i. Failure of the Grantee/Recipient to terminate funding when a Subgrantee's/ Subrecipient's breach is discovered does not act as a waiver of the Grantee's/Recipient's right to enforce this provision later, nor does failure to enforce this provision in one instance act as a waiver to enforce this provision in other instances. b. For all projects, the Subgrantee/Subrecipient must state on the "Project Comp- letion and Certification Report" that all work was performed in accordance with this PA Funding Agreement FEMA -4283 -DR -FL page 5 of 23 P58 Agreement and the requirements in each Project Worksheet, and must state the date of completion. c. For Small Projects, the Subgrantee/Subrecipient must notify the State when work is complete and must upload photographs clearly demonstrating completion of the work to the Subgrantee/Subrecipient's FloridaPA.org account. d. For Large Projects the Subgrantee/Subrecipient must submit a Request for Close- out on FloridaPA.org, and include. i. a Request for Reimbursement (if funds are owed to the Subgrantee/ Subrecipient); and ii. a Summary of Documentation which is automatically created when the request for closeout is submitted on FloridaPA.org. e. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Grantee/Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. f. Interim Inspections may be requested by the Subgrantee/Subrecipient, on both small and large projects, to: i. conduct insurance reconciliations; ii. review an alternate scope of work; iii. review an improved scope of work; and/or iv. validate scope of work and/or cost. g. Interim inspections may be scheduled and submitted by the Grantee/Recipient as a request in FloridaPA.org under the following conditions: i. a quarterly report has not been updated between quarters; ii. the Subgrantee/Subrecipient is not submitting Requests for Reirriburse- ment (RFR's) in .a timely manner; iii. requests for a Time Extension have been made that exceed the Grantee's/ Recipient's authority to approve; and/or iv. there are issues or concerns identified by the Grantee/Recipient that may impact funding under this agreement h. The Subgrantee/Subrecipient must submit a request Large Project closeout in FloridaPA.org no later than sixty (60) days after the project's completion. i. The Grantee/Recipient will use its authority to submit a request for project closeout if the Subgrantee/Subrecipient has identified the project to be complete but has failed to submit the request for closeout. 8) PAYMENT. a. The Grantee/Recipient agrees to disburse the eligible costs to the Subgrantee/ Subrecipient in accordance with the following procedures: PA Funding Agreement FEMA -4283 -DR -FL page 6 of 23 P59 i. Funding for Small Projects: Small project funding will be based on estimated costs, only if actual costs are not yet available. Payment is made on the basis of the initial approved amount, whether estimated or actual. Revisions to the initial Project Worksheet may be required if there are omissions or changes in the scope of work. (Revisions to the Project Worksheets may result in changes in funding level and/or category.) Payment methods are fully described in FEMA's Public Assistance Program and Policy Guide (January 2016). A request to increase cost on small projects is only allowed under a request for a Net Small Project Overrun. A Small Project Netting will require the inspection of all small projects to ensure that both the scope of work was completed and that all combined funds were expended. 1. The Grantee/Recipient agrees to disburse the federal and nonfederal shares of the eligible costs for Small Projects to the Subgrantee/Subrecipient as soon as practicable after execution of this Agreement and formal notification by FEMA of its obligation of the pertinent Small Project Worksheet. ii. Funding for Large Projects: Although Large project funding must be based on documented actual costs, most 'Large Projects are initially approved based on estimated costs. Funds are made available to the Subgrantee/Subrecipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of actual costs and will transmit the information to FEMA for its consideration for final funding adjustments. 1. The Grantee/Recipient agrees to reimburse the Subgrantee/ Subrecipient for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after execution of this Agreement and formal notification by FEMA of its approval of the pertinent Large Project Worksheet and submission of a Request for Reimbursement (RFR) by the Subgrantee/Subrecipient. The submission from the Subgrantee/Subrecipient requesting this reimbursement must include: a) a Request for Reimbursement (available in FloridaPA.org); b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in FloridaPA.org and is automatically created when the Request for Reimburse- ment is submitted (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records, daily work logs, invoices, purchase orders, and change orders); and C) the FEMA Cost Claim Summary Workbook (found in the Forms section of FloridaPA.org), along with copies of original documents such as contract documents, invoices, change orders, canceled checks (or other proof of expenditure), purchase orders, etc. PA Funding Agreement FEMA -4283 -DR -FL page 7 of 23 P60 b. Once the work is completed, the Grantee/Recipient and the Subgrantee/Sub- recipient will conduct a final inspection to determine if the payments to the Subgrantee/Subrecipient were proper, if it is owed additional monies, or if it must submit repayment to the State for overpayment. c. In the event that funds are owed to the State on any Federal grant, all payables are subject to be applied to any receivable until the total debt is satisfied. d. The amount which may be advanced may not exceed the expected cash needs of the Subgrantee/Subrecipient for the first three (3) months of the contract term, not to exceed the Federal share. e. Advances. i. Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance Payment. Notwithstanding Paragraph "3) Funding," above, these payments are not bound by Section 216.181(16), Florida Statutes. 1. The Grantee/Recipient must request a waiver from the State Comptroller each Fiscal year. 2. Fora federally funded contract, any advance payment is also subject to 2 C.F.R., federal OMB Circulars A=87, A-110, A-122, and the Cash Management Improvement Act of 1990. 3. All advances must be held in an interest-bearing account with the interest being remitted to the Grantee/Recipient as often as prac- ticable, but not later than ten (10) business days after the close of each calendar quarter. 4. In order to prepare a Request for Advance (RFA) the Subgrantee/ Subrecipient must certify to the Grantee/Recipient that it has pro- cedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay. The Subgrantee/Subrecipient must prepare and submit a budget that contains a timeline projecting future.payment schedules through project completion. 5. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 6. The Subgrantee/Subrecipient must complete a Request for Reimbursement (RFR) via FloridaPA.org no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 7. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. PA Funding Agreement FEMA -4283 -DR -FL page 8 of 23 P61 8. The Grantee/Recipient may advance funds to the Subgrantee/ Subrecipient, not exceeding the Federal share, only if the Sub- grantee/Subrecipient meets the following conditions: a) the Subgrantee/Subrecipient must certify to the Grantee/ Recipient that Subgrantee/Subrecipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) the Subgrantee/Subrecipient must submit to the Grantee/ Recipient the budget supporting the request. 9. The Subgrantee/Subrecipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than 90 days after receipt of the Advance; 10. The Grantee/Recipient may, in its sole discretion, withhold a portion of the federal and/or nonfederal share of funding under this Agreement from the Subgrantee/Subrecipient if the Grantee/ Recipient reasonably expects that the Subgrantee/Subrecipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Subgrantee/ Subrecipient was improper. 9) FINAL PAYMENT. a. The Grantee/Recipient agrees to disburse the final payment to the Subgrantee/ Subrecipient upon satisfaction of the following conditions: i. the Subgrantee/Subrecipient must have completed .the project to the satisfaction of the Grantee/Recipient; ii. the Subgrantee/Subrecipient must have submitted the documentation required by this Agreement; iii. in the case of Large Projects, the Grantee/Recipient must have performed the final inspection; iv. in the case of Small Projects, the project listing and certification must have been reviewed by the Grantee/Recipient, or alternatively, the Grantee/ Recipient must have performed a final inspection (the subgrantee notifies the state when work is complete on small projects, small projects are considered closed when the PA. has been processed and FEMA has closed the subgrantee Grant); and v. the Subgrantee/Subrecipient must have requested final reimbursement. b. The Grantee/Recipient may submit the final Request for Reimbursement (RFR) based on final inspections and closeout versions. PA Funding Agreement FEMA -4283 -DR -FL page 9 of 23 P62 10) RECORDS MAINTENANCE. a. The funding of eligible costs under this Agreement and the performance of all other conditions are subject to the following requirements, in addition to such other requirements as may be imposed by operation of law: i. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 2 C.F.R. and 44 C.F.R. § 13, as amended; ii. Office of Management and Budget Circular (OMB) No. A-87, "Cost Princi- ples for State and Local Governments," as amended; iii. OMB Circular A-110, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations," as amended; iv. OMB Circular A-122, "Cost Principles for Non -Profit Organizations," as amended; and v. OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations," as amended. b. The Subgrantee/Subrecipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five (5) years from the date of the Subgrantee/Subrecipient account closeout by FEMA. i. The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period expires, and extends beyond the five (5) year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. c. Records for the disposition of non -expendable personal property valued at $5,000M or more at the time it is acquired must be retained for five (5) years after final account close out. d. Records relating to the acquisition of real property must be retained for five (5) years after final account close out. e. The Subgrantee/Subrecipient and its employees or agents, including all sub- contractors or consultants to be paid from funds provided under this Agreement, must allow access to its records at reasonable times to the Grantee/Recipient, the Florida Chief Financial Officer, the Florida Auditor General, the Comptroller General of the United States, the Department of Homeland Security (DHS), and FEMA, to include any designated employees and/or agents of such entities. 11) REPAYMENT BY SUBGRANTEE/SUBRECIPIENT. a. If upon final inspection, final audit, or other review by the Grantee/Recipient, FEMA, or any other authority, it is determined that the disbursements to the Subgrantee/Subrecipient under this Agreement exceed the eligible costs, the Subgrantee/Subrecipient must reimburse to the Grantee/Recipient the amount by which the total disbursements exceed the eligible costs no later than forty-five (45) PA Funding Agreement FEMA -4283 -DR -FL page 10 of 23 P63 days from the date the Subgrantee/Subrecipient receives notice of such deter- mination. b. All refunds or repayments owing to the Grantee/Recipient under this Agreement are to be made payable to the order of "Division of Emergency Management, Cashier" and mailed directly to: Cashier, Division of Emergency Management, 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100. c. In accordance with section 215.34 (2), Florida Statutes, if a check or other draft is returned to the Grantee/Recipient for collection, Recipient must pay the Grantee/Recipient a service fee of $1500 or 5% of the face amount of the returned check or draft, whichever is greater. 12) AUDIT a. The Subgrantee/Subrecipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Subgrantee/Subrecipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. § 200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Subgrantee's/Subrecipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. § 200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion .of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Subgrantee/Subrecipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Subgrantee/Subrecipient of such non- compliance. e. The Subgrantee/Subrecipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as "an indepen- dent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Subgrantee's/Subrecipient's fiscal year. f. The Subgrantee/Subrecipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Subgrantee/ Subrecipient, to the Division at the following address: PA Funding Agreement FEMA -4283 -DR -FL page 11 of 23 P64 DEMSingle—Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Subgrantee/Subrecipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.html h. The Subgrantee/Subrecipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle—Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 13) NONDISCRIMINATION BY CONTRACTORS. a. Pursuant to 44 C.F.R. §§ 7 and 16, and 44 C.F.R. § 206.11, the Subgrantee/ Subrecipient must undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement. The Subgrantee/ Subrecipient is also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R. § 17. 14) MODIFICATION AND TIME FOR PERFORMANCE. a. Any amendments to, or modification of, this Agreement, including a modification extending the time for completion of a project, must be in writing, must be subject to the same terms and conditions as those set out in the initial Agreement, and takes effect only upon execution by both parties. b. Modifications to any Project Worksheet to be funded under this Agreement may be requested by the Subgrantee/Subrecipient through the Grantee/Recipient. The approval of any such modifications, however, is at the sole discretion of FEMA. c. Any approved modification to a Project Worksheet must be noted in a new Project Worksheet version for the project and in any amendment to this Agreement. d. The time allowed for the performance of eligible emergency work is six (6) months from the date of the presidential major disaster declaration, unless extended by the Grantee/Recipient or FEMA. e. The time allowed for the performance of eligible permanent work is eighteen (18) months from the date of the presidential major disaster declaration, unless extended by the Grantee/Recipient or FEMA. f. The time for project completion can only be extended once unless the failure of the Subgrantee/Subrecipient to close out the project is caused by events beyond its PA Funding Agreement FEMA -4283 -DR -FL page 12 of 23 P65 control. Extensions cannot be granted for delays caused by lack of cost -share funding. g. If any extension request is denied by the Grantee/Recipient, or is not sought by the Subgrantee/Subrecipient, reimbursement is only available for eligible project costs incurred up to the latest approved extension for completed projects. h. Failure to complete a project is adequate cause for the termination of funding for that project and require reimbursement to the Grantee/Recipient of any and all project costs. 15) CONTRACTS WITH OTHERS. a. If the Subgrantee/Subrecipient contracts with any contractor or vendor for per- formance of any portion of the work required under this Agreement, the Sub- grantee/Subrecipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Grantee/Recipient, its employees and/or their contractors, and the Subgrantee/Subrecipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. b. The Subgrantee/Subrecipient must document in the Quarterly Report the sub- contractor's progress in performing its work under this Agreement. c. For each subcontract, the Subgrantee/Subrecipient must provide a written statement to the Grantee/Recipient as to whether the subcontractor is a minority vendor as defined in section 288.703, Florida Statutes. Copies of all contracts and subcontracts must be uploaded into FloridaPA.org by the Subgrantee/Sub- recipient. d. All contracts must conform to the uniform standards for procurement found in 2 C.F.R §§ 200.317-.326 and Appendix II. Grace Period. Notwithstanding the preceding, a Non -Federal Entity (NFE), may choose to continue to comply with the former procurement standards applicable to FEMA awards found at 44 C.F.R. Part 13 (for states, local, and Indian tribal governments) or 2 C.F.R. Part 215 (for institutions of higher education, hospitals, and other nonprofit organizations) until the completion of two additional fiscal years after December 26, 2014. This is an elective grace period. Note that if an NFE elects to use the previous procurement standards, it must affirmatively document this decision in its internal procurement policies, including the date upon which its grace period (based upon the two additional fiscal years) will end, and that it understand and agrees it must transition to the new procurement standards. 16) LIABILITY. a. The Grantee/Recipient assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee/Subrecipient is a governmental entity covered under section 768.28 (5), Florida Statutes, the Subgrantee/Subrecipient is solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Further, unless the Subgrantee/ PA Funding Agreement FEMA -4283 -DR -FL page 13 of 23 P66 Subrecipient is a governmental entity within the meaning of the preceding sentence, the Subgrantee/Subrecipient, by entering into this Agreement, agrees to indemnify and hold the Grantee/Recipient harmless from any and all claims asserted by third parties in connection with the performance of this Agreement. b. For the purpose of this Agreement, the Grantee/Recipient and the Subgrantee/ Subrecipient agree that neither one is an employee or agent of the other, but that each one stands as an independent contractor in relation to the other. c. Nothing in this Agreement is to be construed as a waiver by the Grantee/Recipient or the Subgrantee/Subrecipient of any legal immunity, nor is anything in this Agreement to be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. d. The Subgrantee/Subrecipient represents that to the best of its knowledge any hazardous substances that may be present at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, State or local requirements concerning such substances. e. The Subgrantee/Subrecipient further represents that the presence of any such substance or any condition at the site caused by the presence of any such sub- stance will be addressed in accordance with all applicable legal requirements. 17) REPORTS. a. The Subgrantee/Subrecipient must provide Quarterly Reports to the Grantee/ Recipient on the Quarterly Report Form available in FloridaPA.org, a sample of which is attached hereto as Attachment "B" and incorporated herein by reference. b. The first Quarterly Report is due at such time as the Subgrantee/Subrecipient is notified so. All subsequent Quarterly Reports are due no later than fifteen (15) days after each calendar quarter through the 2nd Quarter after official closure by FEMA. Quarterly Reports must indicate the anticipated completion date (this is not the approved time extension date but the date the Subgrantee/Subrecipient actually expects the project work to be complete for each project), together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. c. Interim inspections must be scheduled by the Subgrantee/Subrecipient before the final inspection, and may be required by the Grantee/Recipient based on information supplied in the Quarterly Reports. d. The Grantee/Recipient may require additional reports as needed, in which case the Subgrantee/Subrecipient must provide any such additional reports as soon as practicable. e. With respect to a Request for Advance or Reimbursement, Summary of Documen- tation, and Quarterly Reports, the contact for the Grantee/Recipient will be the State Public Assistance Officer. f. If the reports required under this section are not completed with all required information and timely submitted, the Grantee/Recipient must withhold payments payable to the Subgrantee/Subrecipient from any funding agreement. PA Funding Agreement FEMA -4283 -DR -FL page 14 of 23 P67 g. If reimbursement has not been requested within 720 days of obligation, FEMA may de -obligate funding as an interim financial reconciliation. If this occurs, the delay in funding is not appealable and the Subgrantee/Subrecipient will be eligible for funding when the project is complete and the final inspection has been processed by FEMA. 18) MONITORING. a. The Subgrantee/Subrecipient must monitor its performance under this Agreement, as well as that of its subcontractors, agents, and consultants who are paid from funds provided under this Agreement, to ensure that performance under this Agreement is achieved, satisfactorily performed, and in compliance with applicable State and federal laws, rules, and regulations. b. In addition to reviews of audits conducted in accordance with 2 C.F.R. and OMB Circular A-133, as revised, and section 215.97, Florida Statutes, monitoring procedures may include, but are not limited to, on-site visits by the Grantee/Recipient or its agent, limited scope audits as defined by OMB Circular A- 133, as revised, and/or other procedures deemed necessary by the Grantee/Recipient or FEMA. By entering into this Agreement, the Subgrantee/Subrecipient agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Grantee/ Recipient. In the event that the Grantee/Recipient determines that a limited scope audit of the Subgrantee/Subrecipient is appropriate, the Subgrantee/Subrecipient agrees to comply with any additional instructions provided by the Grantee/ Recipient regarding such audit. c. The Subgrantee/Subrecipient agrees to comply and cooperate with any inspec- tions, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. d. The Grantee/Recipient will monitor the performance and financial management by the Subgrantee/Subrecipient throughout the contract term to ensure timely completion of all tasks. e. The Subgrantee/Subrecipient must update its contacts in FloridaPA.org each quarter and ensure requests for updates are submitted as required by Florida Statutes. 19) MANDATED CONDITIONS. a. The Subgrantee/Subrecipient understands and agrees that: i. Invoices for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre and post -audit. ii. The Grantee/Recipient may unilaterally terminate this Agreement for refusal by the Subgrantee/Subrecipient or its contractors or subcontractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, that are made or received by the Subgrantee/Subrecipient or its contractors and subcon- tractors in connection with this Agreement. PA Funding Agreement FEMA -4283 -DR -FL page 15 of 23 P68 iii. No funds or other resources received from the Grantee/Recipient disbursed to it under this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any State agency. iv. Responsibility for compliance with this Agreement rests with the Sub- grantee/Subrecipient, and further agrees that noncompliance with this Agreement is cause for the rescission, suspension, or termination of funding under this Agreement, and may affect eligibility for funding under past and future Subgrantee/Subrecipient Agreements. v. If otherwise allowed under this Agreement, all invoices for any travel expenses must be submitted in accordance with section 112.061, Florida Statutes. vi. The Grantee/Recipient will not knowingly award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, in violation of the employment provisions contained in 8 U.S.C. § 1324a(e) [§ 74A(e) of the Immigration and Nationality Act ("INA")] and the Grantee/ Recipient considers the employment of unauthorized aliens by any contractor a violation of § 274A(e) of the INA. Such violation by the Subgrantee/Subrecipient is grounds for unilateral cancellation of this Agreement by the Grantee/Recipient. vii. It will comply with the restriction that a person or affiliate who has been placed on the debarred/convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list will not be allowed to submit a bid on a contract to provide any goods or services to a public entity, will not be allowed to submit a bid on a contract with a public entity for the construction or repair of a public building or public work, will not be allowed to submit bids on leases of real property to a public entity, will not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and will not be allowed to transact business with any public entity in excess of Category Two for a period of thirty-six (36) months from the date of being placed on the debarred/convicted vendor list or on the discriminatory vendor list. viii. If applicable, it must comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimin- ation by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, all State and local government services, and in telecommunications. 20) CERTIFICATIONS. a. The Subgrantee/Subrecipient certifies that: i. It possesses the legal authority to receive the funds under this Agreement and that its governing body (if applicable) has authorized the execution and acceptance of this Agreement. ii. The individual executing this Agreement on Subgrantee's/Subrecipient's behalf has the authority to legally execute this Agreement and bind the Subgrantee/Subrecipient to its terms. PA Funding Agreement FEMA -4283 -DR -FL page 16 of 23 P69 iii. With respect to any Subgrantee/Subrecipient other than a State agency or political subdivision of the State, which receives funds under this Agree- ment from the federal government, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered trans- actions by any federal department or agency; 2. have not within the five-year period preceding entering into this Agreement had one or more public transactions (federal, State, or local) terminated for cause or default; and 3. have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or a contract under public transaction, or b) violation of federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or de- struction of records, making false statements, or receiving stolen property. b. The Subgrantee/Subrecipient certifies that to the best of its knowledge and belief: No federal appropriated funds have been or will be paid, by or on behalf of the Subgrantee/Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooper- ative agreement. 1. Subgrantee/Subrecipient understands that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Subgrantee/Subrecipient must complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. ii. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement have been produced in the United States as required by 41 U.S.C. § 10a, unless it would not be in the public interest or unreasonable in cost. c. The Subgrantee/Subrecipient understands and agrees that the language of this certification must be included in the award documents for all sub awards at all tiers PA Funding Agreement FEMA -4283 -DR -FL page 17 of 23 P70 (including subcontracts, sub grants, contracts under grants, loans, and cooperative agreements) and that all Subgrantees/Subrecipients must certify and disclose accordingly. The Subgrantee/Subrecipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. i. Subgrantee/Subrecipient further understands that submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,00000 and not more than $100,00040 for each such failure. d. Where the Subgrantee/Subrecipient is unable to certify to any of the statements in this certification, the Subgrantee/Subrecipient understands it must submit to the Grantee/Recipient (by email or facsimile) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" for each prospective subcontractor which the Subgrantee/Subrecipient intends to fund under this Agreement. (See Attachment "C".) Such form must be received by the Grantee/ Recipient prior to the Subgrantee/Subrecipient entering into a contract with any prospective subcontractor. 21) TERM. a. This Agreement takes effect upon its execution by the last of the signatories and terminates upon approval of account closeout by FEMA, unless terminated earlier as specified elsewhere in this Agreement. i. Notwithstanding the above, this Agreement survives account closeout for the purposes of State or federal audit purposes. b. The Subgrantee/Subrecipient agrees to commence work on the project(s) specified by this Agreement without delay. 22) DEFAULT, REMEDIES. AND TERMINATION. a. Upon the occurrence of any one or more of the following events the Grantee/ Recipient may, at its option, terminate this Agreement and any funding under this Agreement, and all obligations of the Grantee/Recipient to disburse further funds under this Agreement terminate at the option of the Grantee/Recipient: i. The determination that any representation by the Subgrantee/ Subrecipient in this Agreement is inaccurate or incomplete in any material respect, or that the Subgrantee/Subrecipient has breached any condition of this Agreement and has not cured such breach in a timely fashion, or that the Subgrantee/Subrecipient is unable or unwilling to meet its obligations under this Agreement; ii. the Subgrantee/Subrecipient suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to the Grantee/Recipient, if Subgrantee/Subrecipient has not cured the condition within thirty (30) days after notice in writing from the Grantee/Recipient; PA Funding Agreement FEMA -4283 -DR -FL page 18 of 23 P71 iii. any reports required by this Agreement have not been submitted to the Grantee/Recipient or have been submitted with inaccurate, incomplete, or inadequate information; or iv. the monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the State Legislature, Florida Department of 'Financial Services, Congress, or Office of Management and Budget. b. Notwithstanding the preceding, the Grantee/Recipient may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. c. Upon the occurrence of any one or more of the foregoing events, the Grantee/Recipient may at its option give notice in writing to the Subgrantee/ Subrecipient to cure its failure of performance if such failure can be cured. Upon the failure of the Subgrantee/Subrecipient to cure, the Grantee/ Recipient may exercise any one or more of the following remedies: i. terminate this Agreement upon not less than fifteen (15) days' notice of such termination after delivery by certified letter to the Subgrantee/ Subrecipient at the address specified in Attachment "D" of this Agreement; ii. commence an action in law or in equity for the judicial enforcement of this Agreement; iii. withhold the disbursement of any payment or any portion of a payment otherwise due and payable to the Subgrantee/Subrecipient pursuant this Agreement; and iv. take any other actions that may otherwise be available in law or in equity. d. Upon the rescission, suspension or termination of this Agreement, the Subgrantee/ Subrecipient must refund to the Grantee/Recipient all funds disbursed to the Subgrantee/Subrecipient under this Agreement. e. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by the Grantee/Recipient does not relieve the Subgrantee/Subrecipient of liability to the Grantee/Recipient for the restitution of funds advanced to Subgrantee/Subrecipient under this Agreement, and the Grantee/ Recipient may set off any such funds by withholding future disbursements otherwise payable to the Subgrantee/Subrecipient under this Agreement until such time as the exact amount of restitution due the Grantee/Recipient from the Subgrantee/Subrecipient is determined. In the event that FEMA should de -obligate funds formerly allowed under this Agreement, the Subgrantee/Subrecipient must immediately repay such funds to the Grantee/Recipient. Any de -obligation of funds or other determination by FEMA must be addressed in accordance with the regulations of that Agency. f. If the Subgrantee/Subrecipient violates this Agreement or any statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee/Recipient must withhold any disbursement otherwise due the Subgrantee/Subrecipient for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the PA Funding Agreement FEMA -4283 -DR -FL page 19 of 23 P72 violation is not cured, the Grantee/Recipient may terminate this Agreement and invoke its remedies under the Agreement as per this section. i. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Subgrantee/Subrecipient in this Agreement, in any subsequent submission or response to the Grantee/Recipient request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes will, at the option of the Grantee/Recipient and with fifteen (15) days written notice to the Subgrantee/Subrecipient, cause the termination of this Agreement and the release of the Grantee/Recipient from all its obligations to the Subgrantee/ Subrecipient. 23) ATTACHMENTS. a. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in the text of the Agreement itself. b. In the event of inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments are controlling, but only to the extent of such inconsistencies. c. All grant administrative and electronic forms not attached to this Agreement will be provided by the Grantee/Recipient as necessary or posted on the Grantee's/ Recipient's website at www.FloridaPA.org. 24) HEADINGS. a. Headings used in this Agreement are provided for the convenience of the parties only and cannot be used to construe meaning or intent. 25) GOVERNING LAW. a. This contract is governed by, and must be construed in accordance with, the laws of the State of Florida, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, are likewise governed by the laws of Florida. b. Except as may be otherwise provided for by statute, any action or proceeding, whether brought by the Grantee/Recipient or the Subgrantee/Subrecipient, relat- ing to or arising out of this contract must be brought in Leon County, Florida and venue will lie therein. 26) ATTORNEY FEES. a. Except as may be otherwise provided for by statute, in any action arising out of this Agreement each party shall bear its own attorney's fees and costs. PA Funding Agreement FEMA -4283 -DR -FL page 20 of 23 P73 27) PUBLIC ASSISTANCE ALTERNATIVE PROCEDURES. a. Should the Subgrantee/Subrecipient desire to utilize the Public Assistance Alternative Procedures provisions of the Sandy Recovery Improvement Act (Division B of P.L. 113-2), execution of a Supplemental Funding Agreement cover- ing specific aspects of the Alternative Procedures Package is required of the Subgrantee/Subrecipient prior to the payment of such funds by the State as the Grantee/Recipient. b. Payments processed under the Alternative Procedures provisions will be re- quested as an advance and are exempt from advance requirements covered by Section 216.181(16), Florida Statutes. They will, however, be treated as an advance for purposes of Requests for Reimbursement (RFRs) and satisfaction of the requirement that ninety percent (90%) of previously advanced funds must be accounted for prior to receiving a second advance. 28) DESIGNATION OF AGENT. a. The Subgrantee/Subrecipient must complete Attachment "D" by designating at least three agents to execute any Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the Subgrantee/ Subrecipient. b. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. c. In the event the Subgrantee/Subrecipient contacts have not been updated regularly and all three (3) Agents have separated from the Subgrantee's/ Subrecipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from FloridaPA.org may not be received and could result in failure to meet time periods to appeal a Federal determination. 29) NOTICE AND CONTACT. a. All notices required to be made to the Grantee/Recipient under this Agreement must be in writing and must be delivered by email, by facsimile, by hand, or by certified letter to the Grantee/Recipient at the following addresses: Evan Rosenberg, Bureau Chief Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Email: evan.rosenberg@em.myflorida.com. b. All notices required to be made to the Subgrantee/Subrecipient under this Agreement must be in writing and must be delivered by email, by facsimile, by hand, or by certified letter to the Subgrantee/Subrecipient at the address indicated in Attachment "D" which the Subgrantee/Subrecipient must complete and submit with this Agreement. 30) FEDERALLY FUNDED SUBAWARD a. This Agreement and the Project Worksheet (FEMA Form 90-91) combine to form a Federally Funded Subaward and Grant Agreement. PA Funding Agreement FEMA -4283 -DR -FL page 21 of 23 P74 b. The parties agree that the Federally Funded Subaward and Grant Agreement formed as described above should comply with the requirements of Section 215.971, Florida Statutes. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT HURRICANE MATTHEW DECLARATION (FEMA -4283 -DR -FL) Federally Funded Public Assistance State Agreement IN WITNESS WHEREOF, the Grantee/Recipient and the Subgrantee/Subrecipient have executed this Agreement: FOR THE GRANTEE/RECIPIENT: DIVISION OF EMERGENCY MANAGEMENT Governor's Authorized Representative Date FOR THE SUBGRANTEE/SUBRECIPIENT: Joseph E. Flescher, Chairman Printed Name and Title Signature Date DUNS Number: 07-920-8989 Federal Employer Identification Number (FEIN): 59-6000674 or State Agency FLAIR Number: CFDA Number: 97.036 Federal Fund Number 202750001 State Fund Number 202339047 Attachments: A) Statement of Assurances B) Example of Public Assistance Quarterly Report C) Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion D) Designation of Authority with Instructions E) DHS OIG Audit Issues & Acknowledgement F) Justification for Advance Payment PA Funding Agreement FEMA -4283 -DR -FL page 22 of 23 P75 Statement of Assurances 1) The Subgrantee/Subrecipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No. A-21, A-87, A-110, A-122, and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and use of Federal funds for this federally -assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Subgrantee/Subrecipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subgrantee's/Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Subgrantee/Subrecipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. § 206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. 3) The Subgrantee/Subrecipient further assures it will: a. Have sufficient funds available to meet the non -Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s) for the project or undertake other activities until the conditions of the grant program(s) have been met, all contracts meet federal, State, and local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications, and will furnish progress reports and such other infor- mation as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is longer. f. Provide without cost to the United States and the Grantee/Recipient all lands, easements and rights-of-way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee/Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Attachment "A" page 1 of 5 P76 h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and ii. by complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. j. With respect to demolition activities: i. create and make available documentation sufficient to demonstrate that the Subgrantee/Subrecipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii. return the property to its natural state as though no improvements had been contained thereon; iii. furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Subgrantee's/Subrecipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Pro- tection, and the appropriate County Health Department; iv. provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; v. provide supervision over contractors or employees employed by the Subgrantee/ Subrecipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. leave the demolished site clean, level, and free of debris; vii. notify the Grantee/Recipient promptly of any unusual existing condition which hampers the contractors work; viii. obtain all required permits; ix. provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; A. comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and xii. provide documentation of public notices for demolition activities. k. Require facilities to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-1961, as modified. The Subgrantee/Subrecipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. Attachment "A" page 2 of 5 P77 I. Provide an Equal Employment Opportunity Program, if required to maintain one, where the application is for $500,00000 or more. m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee/Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Subgrantee/Subrecipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. b. Provisions of Federal law found at 5 'U.S.C. § 1501, et. seq. which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. g. Anti -Kickback Act of 1986, which outlaws and prescribes penalties for "kick -backs" of wages in federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. j. Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC). The state's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. Attachment "A" page 3 of 5 P78 k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations, and assure the compliance of all its Subgrantees/ Subrecipients and contractors. I. Provisions of 28 C.F.R. applicable to grants and cooperative agreements including Part 18, Administrative Review .Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead -Based Paint Poison Prevention Act which prohibits the use of lead based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title it of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations; and Department of Justice regulations on disability discrimination, and assure the compliance of all its Subgrantees/Subrecipients and contractors. p. Provisions of Section 311, P. L. 93-288, and with the Civil Rights Act of 1964 (P.L. 83-352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees/Recipients shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee/Subrecipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Subgrantee/Subrecipient, this assurance shall obligate the Subgrantee/Subrecipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. t. Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; Attachment "A" page 4 of 5 P79 v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. The provisions of all Executive Orders including but not limited to: Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which .provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/ termination, rates of pay or other forms of compensation; and election for training and apprenticeship. ii. EO 11514 (NEPA). iii. EO 11738 (violating facilities). iv. EO 11988 (Floodplain Management). v. EO 11990 (Wetlands). vi. EO 12898 (Environmental Justice). 5) For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug -Free Workplace Act of 1988. This assurance is .given in consideration of and for the purpose of obtaining Federal grants, loans, reimburse- ments, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Subgrantee/Subrecipient by FEMA. The Subgrantee/Subrecipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Subgrantee/Subrecipient, its successors, transferees, and assignees FOR THE SUBGRANTEE/SUBRECIPIENT: Signature Joseph E. Flescher, Chairman Printed Name and Title Date Attachment "A" page 5 of 5 P80 Public Assistance Quarterly Report Available for Each Subgrantee/Subrecipient on www.FloridaPA.org rW>4fWPOrt 'Mk!bwkw& rlj aa-imryas�r5•tumk,T4�q�s�.asr�rEdmlal mietr�trrR,mrS+i�il8trrh 5r:,.'tre54,9�ar#ir�n�Gie'lera k.&*wIe&4I'.tar�te�t�a-tldam.Q,%M:!p,mire{aLc'taeztat`�rt3►ttA•c{1t?kisl�tµ�klae4rh3mGEeAn.Fneiip,t�mCur+ttr�. •.CeY�ItB Cxemwpray r,* ie&�- n?kL . 0=1 � �@L>C�ht�r[�vy�sa tceflm�eru��tta�i�. Tom= Gsoryf �tmC Ysa o rs'•;:=' N/w4tC%AdkI,r, L1at'Sr,:SifiT CM!'Ttwrr'il ,TMaOMW PMAUVI.CUMM Alay71'F`NNlsfuic 'nifa�i �-,T,++.:',iy4T Ggt rm= � Y�:,U: Mk�P�xeic6 ?!,"�1+7i iGLtL17 U2�'FJtiK9CYl iCVnS.: L�.idi,SrF_'' la*s.l'nw- Pt6f0t&+a FAID!1s b 65 Rmtesbd AribnrS&-r_Tt9 Cr Mr17:srl;Kktts .tllr -- 1G,LL,-, I 4aw rjArzm r+Y i1:KA:firiSts Gs�urrArrt'fs`rt� � Y�:,U: r.rrru-��,rx � arse elzlus wurac:2:�.t tu=b:. s_►caamGriw P Cfirsrnrm� M—ap.. r, E �iLRTltnt�run� e C1th,�ecri,+C�'fire;.E�mFagsuerte�Fnjici,:feemwalerm�.#m�- '96tl ReycuSiratrac Attachment "B" P81 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion Subcontractor Covered Transactions: The prospective subcontractor of the Subgrantee/Subrecipient certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (Where the Subgrantee's/Subrecipient's subcontractor is unable to certify to the above statement, the prospective subcontractor must attach an explanation to this form.) SUBCONTRACTOR: Name of Company Street Address City, State, Zip Federal Employer Identification Number (FEIN) M Signature Date Printed Name Subgrantee's/Subrecipient's Name Attachment "C" P82 DESIGNATION OF AUTHORITY (AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub -Grantee: Box 1: Authorized Agent (Full Access) Box 2: Primary Agent (Full Access) Agent's Name Agent's Name Joseph E. Flescher lason Brown Signature Signature Organization / Official Position Organization / Official Position Indian River County/BCC Chairman Indian River Counjy/Counjy Administrator Mailing Address Mailing Address 1801 27th Street 1801 27th Street City, State, Zip City, State, Zip Vero Beach, FL 32960 VeroBeach, Daytime Telephone Daytime Telephone 772 226-1493 772 567-8000 E-mail Address E-mail Address 'flescher irc ov.com ibrown@ircgov.com Box 3: Alternate Agent (Full Access) Box 4: Other-Finance/Point of Contact (Full Access) Agent's Name Michael Sm kowski Official's Name Ruth Bornmarito Signature Signature Organization / Official Position Organization / Official Position Indian River Coun /Bud et Director Indian River Cniint:g/Rjjdget AnaJ3�st Mailin Address 181 27th Street Mailing Address 1801 27th Street City,'State Zip beach City, State, Zip Vero FL 32960 Vero Beach FL 32960 DaVe i�e2�6--1214 Daytime Telephone ll�� 772 226-1663 E-mail Address msm kowski irc ov.com E-mail Address rbommarito@ircgov.com $ Box 5: Other -Risk Mgmt-Insurance (Full Access) Box 6: Other -Environmental -Historical (Full Access) Agent's Name Agent's Name Beth Martin Roland DeBlois Signature Signature Organization / Official Position Organization / Official Position Indian River CountylRisk Manager Indian River Coun Environmental Chief Mailing Address Mailing Address 1800 27th Street 1801 27th Street City, State, Zip City, State, Zip Vero Beach. FL 32960 Vero Beach FL 32960 Daytime Telephone Daytime Telephone 772 226-1287 772 226-1258 E-mail Address E- i Address bmartin@ircgov.com r�e�lois@irc ov.com The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub- grantee for the purpose of obtaining certain Grantee and federal financial assistance under the Robert T Stafford Disaster Relief & Emergency Assistance Act, (Public Law 93-288 as amended) or otherwise available. These agents are authorized to represent and act for the Sub -Grantee in all dealings with the State of Florida, Grantee, for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub -grantee. Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. Joseph E. Flescher, Chairman Sub -Grantee Authorized Agent Signature Date Attachment T" page 1 of 2 P83 NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover Updates may be made by email to the state team assigned to your account. A new form will only be needed if all authorized representatives have separated from your agency Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace, not supplement, the contacts on the previous list. REV 10-04-16 DISCARD PREVIOUS VERSIONS Attachment T" page 2 of 2 P84 DESIGNATION OF AUTHORITY (AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub -Grantee: Date: Box 7: Other Read Only Access Box 8: Other (Read Only Access Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Agent's Name Official's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization / Official Position Organization / Official Position Mailing Address Mailing Address City, State, Zip City, State, Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Sub -Grantee's Fiscal Year (FY) Start: Month: Day: Sub -Grantee's Federal Employer's Identification Number (EIN) - Sub -Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Sub -Grantee's: APS Number (If Known) - - NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover Updates may be made by email to the state team assigned to your account. A new form will only be needed if all authorized representatives have separated from your agency Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace, not supplement, the contacts on the previous list. REV 10-04-16 DISCARD PREVIOUS VERSIONS Attachment T" page 2 of 2 P84 The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Subgrantee's/Subrecipient's Primary Agent and Alternate Agent to access the FloridaPA.org system in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Designation of Authority Form is originally submitted as Attachment "D" to the PA Funding Agreement for each disaster or emergency declaration. Subsequently, the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the state team; a note should be entered in FloridaPA.org if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted, all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from FloridaPA.org as the contacts listed are replaced in the system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming locked. Instructions for Completion Complete the form in its entirety, listing the name and information for all representatives who will be working in the FloridaPA.org Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FloridaPA.org system within 12 hours of being notified or their account will lock them out. Each user must log in within a 60 -day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent" — This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this person will have full access/authority unless otherwise requested). Block 2: "Primary Agent" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports/requests in FloridaPA.org. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed and this contact will have full access). Block 3: "Alternate Agent" — This is the person designated by your organization to be available when the Primary is not. (Only one Alternate Agent is allowed and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management -Insurance, and Environmental - Historical). Providing these contacts is essential in the coordination and communication required between state and local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 —12: "Other" (Read Only Access) — There is no limit on "Other" contacts but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read -Only" designation cannot take any action in FloddaPA.org. Attachment "D" Instructions P85 DHS OIG AUDIT ISSUES & ACKNOWLEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where Grantees/Recipients or Subgrantees/Subrecipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State agreement. 1. Non Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small, minority, and women's owned firms were all given fair consideration. 4. Improper "cost -plus -a -percentage -of -cost" contracting practices. The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG -16-109-D dated July 1, 2016. The following may be reasons for the disallowance or total de - obligation of funding given under the FEMA/State agreement: 1. Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges (applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants: • Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation (checks, invoices, etc.) that can be readily retrieved. • Research insurance coverage and seek reimbursement for -the maximum amount. Credit the appropriate FEMA project with that amount. • Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs (Federal Highways, Housing and Urban Development, etc.) and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the "Scope of Work." I acknowledge that I have received a copy of, and have been briefed on, the above DHS OIG Audit Issues. FOR Joseph E. Flescher, Chairman BY Subgrantee/Subrecipient Date Attachment "E" Signature Printed Name and Title P86 JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three Months of (list applicable line items) Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include .quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) Attachment T" P87 F_# INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AC> , Community Development Director FROM: John W. McCoy, AICP; Chief, Current Develop esti DATE: December 12, 2016 SUBJECT: GH Vero Beach Development, LLC's Request for Final Plat Approval for The Reserve at Grand Harbor PD Phase 1, Plat 33 [2001020101-77703 / PD -13-10-03] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 20, 2016. DESCRIPTION & CONDITIONS: The Reserve at Grand Harbor PD Phase 1 represents the first phase of The Reserve at Grand Harbor PD. Phase I consists of 59 lots on 75.55 acres resulting in a density of .78 units/acre for Phase 1. The overall Reserve at Grand Harbor development is approved for 100 lots in two phases on 75.55 acres resulting in an overall project density of 1.32 units/acre. The second project phase will be platted via a separate, future application. The Reserve at Grand Harbor PD is located on the north side of the 53rd Street at the 53rd Street/Indian River Blvd intersection, is zoned RM -6 (Residential Multi -Family — up to 6 units per acre), and has an M-1 (Medium Density 1 up to 8 units per acre) land use designation. On October 10, 2013, the Planning & Zoning Commission granted preliminary PD plan/plat approval for The Reserve at Grand Harbor PD. Subsequently, construction of the subdivision commenced and has proceeded in accordance with the overall project's phased approval. With respect to Phase 1, the developer obtained a land development permit, has constructed required subdivision improvements, and will obtain a certificate of completion prior to the December 201i BCC meeting. Recently, the applicant submitted a Phase I final plat in conformance with the approved preliminary PD plat, and now requests that the Board of County Commissioners grant final plat approval for The Reserve at Grand Harbor PD Phase 1. ANALYSIS: All required subdivision improvements for The Reserve at Grand Harbor PD Phase 1 have been completed and inspected, and it is anticipated that a certificate of completion will be issued prior to the December 20'h Board meeting. As part of the certificate of completion process, the developer posted a maintenance bond to guarantee required road and drainage improvements for a period of 1 year. Staff has recently confirmed that the improvements are in acceptable condition. In this case, all subdivision improvements (stormwater tracts, landscape easements, roadways) will be private, with the exception of certain utility facilities, which have been dedicated and guaranteed to Indian River County as required by the Utility Services Department. All requirements of final plat approval for The Reserve at Grand Harbor PD Phase 1 have been satisfied. FACommunity DevelopmentTurDevTinal Plats\BCC staffrepotu\2016 FPrptslReserveatGrandHaeoorPhaselPlat33(77703).doc P88 RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for The Reserve at Grand Harbor PD Phase 1. ATTACHMENTS: 1. Application 2. Location Map 3. Plat Layout FACommunity Development\CurDev\Final Plats\BCC staff reports\2016 FPrpts\RwerveotGrandHatborPhaselPlat33(77703).doe 2 P89 JNDIAIN Ji:IATE C".CIXJN'J`Y YL.AN'NM DEVIKLOPAIENT APPLICATION 144,w, ,aftnte the, typo of nliplltation beilig submitW: Conceptual I'D Spv-.tzl El cgfloa: Conearrcaf Concs:Istual PI) Speclal Enepftn & Preflv:tastry PD: 4Prn11ratury Flojo.ntil D►Cloj?meft- 1'Irsr1 Plauslcti D'bV41 1Mu* X Note: For n PD rsconiaS Plensa u4tz #tsc szpprvprlals` rcXo%1Ia�S s�pilcrstlots. � PROJECT NAME: The Reserve at Qrand Harbor Plat 33 Pian Number: PD- 13 -10 - 03 Project #: 200102 0101- 77703 FROImnx Owl`It:F.: (I'I.n.SL 1"Win, GH Vero Beach Development, LLC NAME 4755 South Harbor Drive ADDRESS Vero Beach, Florida 32967 CITY, STATE, ZIP (772) 794-7827 PHONE NUPA BER cclearybbayswaterbrokeraaef1.com EMAIL ADDRESS Christopher J. Cleary CONTACT PERSON PROJECT ENGINEER: (PLEASE PRINT) Masteller & Moler, Inc. NAME 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 567-5300 PHONE NUMBER semolerobellsouth.net__ EMAIL ADDRESS E. Moler, P. CONTACT PERSON SIGNATURE OF FAC; mmaity Dona- ptm6 k nr C wDzv%&ppticatk=\PDAPPArz APPLICANT (P1: MB PRIYJ) Masteller, Moler & Taylor, Inc. NTA1114E 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP _(772) 564-8050 PHONE NUMBER dt5243®beilsouth.net EMAIL ADDRESS David M. Taylor CONTACTPERSON AGENT (PLEASE PRINT Masteller, Moler & Taylor. Inc. 1655 27th Street, Suite #2 ADDRESS Vero Beach, Florida 32960 CITY, STATE, ZIP (772) 564-8050 PHONE NUMB. UR dt52438bellsouth.net EMAIL ADDRESS M OR AGENT P --A adJanuay2011 Pace I ot3 ATTACHI ME11Y 1 P90 TAXPARIC L ID #(s) OF SUBJECT PROPERTY: 32391400000500000004.3 PROPS.-UY CLASSIFICATION(S): M-1 RM -6 (PD) 75.55 TOTAL PROTECT ACREAGE: 75.55 Liv SMOSMIUSE(S): Single-family residential PROkOSED SrM USE(S) AND IN EMMY (e g. # of units, square feet ley ms Plat to create 59 single-family lots, landscape/stormwater tracts and road right-of-ways. g* P+.;Ft' SE CC3It LE + M. SUBW'�' UL MCKLIST *� The fDIIOWiny items must be attached to the (application: F X If the rpplicant is other than the owner(s), a awemn statmea of r;udlokization from t1e3;ownan on file Wo deeds and a verified statement aaming Overy.individual ruing legal or equilatile ownerla, in the proper'; If owned by a corporation, pmie:e the names and address of each swokhold lr ownihig Mort than 10% of the value of outswaidin,0 ougwretion skx- w, % Two copies of the ownea" s recorded wwr� deed, S A chock, woney order or cash made payable to "Indian River County": Plauurd Development Request - Coneeptusi PD Special Exception loss thwi 20 a" $ ZWS.00 20410 tores 2475.00 over`40 was 2575.00 +100.00 Preliminary PD Plan less than 20 acus 20-40 mu ave; 40 area for each ndditiontl 25 acres over 40 acres $ 1150.00 1250.00 1300.00 •, 50-00 for each additiond 25 acres ova 40 acros Final PD Plans $1400.00 For roneurrea appldcation fees canibIne the a7pro pr4Ato &tcv and ebbtract'5400A0. vti mMumiay R*vkzdJmmly2011 ATTACHMENT 1 ft!%2of3 P91 X Ton sets of ca replete Conceptual, Preliminary or Fines I'D (final plat p1a718 must be ftml and sealod by surveyor). Plains as per Chaptar 915, pueuant to the q7z of apinoval being a quatcs. N/A Any roquirments of the zoning or subdivision ordinrnco why the applicant is mquzs6ng- to ba waived (such a3 Unum lot width rad size, st to frontW rWuiramants, setbv.1%, etc.), shall t-„ clzrily indicated by section and paragraph rqt-#x.,r'4 together with tt� rationalo or tao wdivet request(s), on an attached sheet. NIA 2 Aerials for m-ncgltual or prelin y irOs N/A It a to i reRmm to pr raWHwation for conceptual or concurrent applications X 2 sealed sur lys N/A 3 sets of floc: plans and elevtldon for c=mwcial or multi-fuel--!builiiings A Wnize n Statement and Photogmph of Posid Sign ,�i�r:�rlril:lPlaE'r a, lam'► CONSTRUCTION COWLETH - BUILT OU'i (A) Certificate of Coruplution from Public Wod:G or copy of letior to Public ' eflss and Utilides requiring inq*Won of irVroveravats IF 1MPR0VMvfiS An DEDICATED TO M11E PUBLIC: (B) Original Bn&eals Cottified Cog for Impmemwcts (Signed rind S010) OP, X CONSTRUCTION INCOMPLEI�L= - BOMINO OUT. (A) Original F.ngineets -Cc,*dficd Cost Bsim2se for bckaromnents (Slaney" and Seal) Engineer's statement that certificate of completion will be obtained prior to appro- X COPIES OF DOCU`YJ3NTS TO BE itECORDED WIYfi M IE FWAL PLAT: a. Covenants. Deed Restrictions, Bylaws, et. or StLtietnant Til= Are None (oRB 1922, Pg. 2473 ) b. Property Ownees Association Articles of IncoTporatica a, Statmnent Iticlacati4!g Why rwomding of POA is Not Required V:1Cw=uWW nn+roloPmenit mACueDcOAPpliatii WWDAM doh R"hed l- 2011 a,� PW 3 ora Tue. EW 1 P92 =:9 I'a"mm I F 13-4 7j C X2—'U=1--z;tXA1 y 00-o-0-4000,00' Included in plat as future development -7� Approximate, Limits --of Phase I .honed RM -6 THE RESERVE AT GRAND HARBOR PD PHASE L PLAT 33 BEING A SUBDIVISION OF A PORTION OF SECTION 14, TOBNSNIP 32 SOUTH, RANGE 39 EAST, INDIAN RNER COUNTY, FLORID TIE Wa UMMM AMhWKaf� . 9RWWMN lYTRRRM R b pI� / �� gWrR ; vow aww, was eam aam. Agip E a Ar/ a AP L w M A RRL Q!AN /Ew OtlEINA CO at ARD Lal IR v]elDla �4n11Aw V "� CR TRACT FM AND W AN W AND T)lUl mMAEaRI1CY C MW WW[ alt aLKOM W or L tar a T A n mum 1 iw►w war OOtMn' nae waw prof moat T 1 WT PrAWt AN MJ A 9 CR / eArAorn wrc war AT T/C ats TRRTr.w N'/tAFWf a AIVUGWr7 2NoocMOR WOO= W AFFLY FOR AM mAM A �ITDCAIil _,yam ywERr Wp1aQXC1' � /yam TK alpmµOT OwMDt lINL RC Rf9CRmRll aAl O Iaaf1m10 Rw SwafMR RC Alava 1191GT1 I 9V*E7 RIO wAaI Al T a M AOAROYm MaLI:f / At PRDAwNRY PLAT UT AIAWD lM0 tY1QOwIQ/T f4111E� K[A! r I I ,m—wT wp morn, aaROA v, LEG= �d I O Pxp."-w worm K MATO4r SEr Aw I sRrrxr STAMPED 'M PW u4Y UM= M= I O71RRiR5E I iRx A C ATA TAC STAfmfD 'P.CP. P94 rA4E r pt4.r sET uarrs w6rEa I Jw4j- tl I alpoaorr 0 LOT CMMRS M 6E YClAAIIWTTD WW A W ra a AEON RW AND CAP STAMPED %9 48"' I I aaa x. ;rA [mw wree�t rn. amA TIATCHM AREA RER.ECTS EASEYENR DESCROW I I�cj I w aR& 22.14 PR 14"-14x6 TO MWAM •y I ai4M roRw pR�uonrrrama I mAnp aRel r�r SAM RTKA r r .-- PA Lff PQL jod [ MAft4t� A.= r Edfff" Or auR a NOT MCIDm aaaR ner� oAa O �n a�uRmaa m:n na�Am igawE'r°'Rar .� i i / wv munxaaa I � _ _ \ PLAT BOOK: t, PAGE: DOCKET NUMBER: WWI sAwR OT1ap4dr rt p .j wwo ernrrrr Iva11[ "I, O C 0® — — Iffic w c�.a � ,t� � � — - -meq — • — — � � — — aarur.Eer�,---- ----- I Br GA sND rSUITE raAltrc+ 6�� rem / 27fh STREET, O 3EACNFLORVA 290 Y364-364 MANN 464PSf 0 EBv no- 1 0- -- - o-® PREPARA 0 � wcoa - ✓' aw�vrr m a •AreA, m' s r .Ai"`e for oAo'At a /pMSfD POT Oa1RIDY7S / OYT uc s M[ Ru• aaRwv nico lat x u se aAr RRM n rtx RA R[16m AN m1RwTT1! a 61RT /; Aaw war ararlr waRea P lD.H At tY1Yw __. .DRY a• ,F. _ ATTAit"Nuff Tfl A CHEET 3 r* TO e-Nm31vrm AffiFF-MATIONSI aor-nawa�. anal w11m_iy,` y � UR m OR DPY USEVENT «''�0i 8 MANABOIOfT • rt, I a 56 k TXCT Fmm IttcwotNmPr _ I I ' SRRUA .CLL OIgK'TgYAY�1 R I fL1YAEY FICKM GI w �T SCA"m i S I O { { R N 11W V IAM PIE I I tNe>• ( I j PU euaoY NUMEER I $1 NAD l�jg11Y�AML'nCM MRGK DA M07N1wt _Q J Ib' PONTIT -E TROY CAR PC POW W CURVATURE Drir F I PC n qor• ao-r' PCc PW CP COMPOUNC CURVE n 1 !r "Ry�._,,.a PER P01VT of OECD."'QPal,tolt G'jj "°'moPrrao aP�sr nm w ArierAri �� '°• / / \ � �".�'4cvr 1f ` PDC FpomFLAM ar LVBAP etlrPO DUIL E PMT APfell F fA1F]IRf I Oi.POPPbD� ~ I � O►�i' \ \ / i 1 / Aar jr D� PHP = AD ► ,A�l[pM°�RNQ E'log 1 ".°m'°r1 °-m'a'° r PRC PmR% %au CURVE �— rsaotLaMx I { It SHEET NDEX e Ra \ \ L904ATFP»►Aia:6''a• r'P'o i 59 I I ant \ AND OPlysw nt�cr el 1 I APACr K I \ RB 1135• PO t,! 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O P.R.M.-4'74• CCNCRETE MOMNENT SET AND STANFM 'P(M PSTN 524Y UAM MOTEO OTAIERMSP. P.C.P.-NAR AND TAB STAWED 'P.C.P. PSW /3443• SET UNLESS NOTED. 0 LOT CORNERS TO BE AMMAALEPM WPI A 1/2' mm ROO AND CAP STAMPED la 4344' SHEET 5 :i 1c.. To ATTACHMENT 3 go.—.. rr\�... r c BEfNG A SUBefVlSION OF A POf � \ 'V Fu'ffm+� \ o SHEET INOEEI( O SECTION 14, TOWNSHIP 32 SOUTH, RANGE 39 EAST. CRAPHIC SCALE awa�l GENERAL , - n SEE SHEET 2 OF 10 FOR MdXe NOTES. 21 .Z 23 ,f, a AT 33 PLAT BOOK: COUNTY, FLORIDA PAGE: DOCKET NUMBER: 39 MATCHUNE SEE SHEET 7I-...t-� i-'� VACT I s � = e• r jT� _ 1 + I I V � 18 '$ f M + I I 41 7 IR I Y 17 i ,g I mill gl • � �� 42 16 II I B "' C'y c ar I k Isru>vrc .� w � n°x usv[Nr Ili`\ 4 i s I 43 FmTNA c°"°siLmakumm oOWIM." nmN Amer m..ten. 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PONT i I PAY Pwuxor womoE Y0011lNT m POW ar OC .mPnao i .{ J PPonW VEVODIf AN - 10 F/NEO SWPNr L M SOJ p RAPDtlI RYLI'a AM YAPPOI � AYf FA !JI tAT<f�n DE ORANAOC fASYDIr 6Y.L OPANAGE MA0"EMWM EAM00 WE MOVE= 7y G� I NIC PoOR E NENASE cma PCL PONT a GNO M) MMA wta mnrY �-- PLAT BOOK: PAGE.- DOCKET AGE.DOCKET NUMBER: 7Rs PAVTarX� ��� \ y1 xrxAPM iBe \ PI \ mm Alb OM¢aA/ ffr Omm -WAM OC ALSPONSffil FOR PMOGmNO M 90CIMIX MEQU m AONO AOS LOPS EIIBIT ~AGE AS OD'TCRR OY AC APFRom PROAMT PRDSDM" PUT *W UNO OL1QOPOW FEMZ GENERAL NOTES SEE SHEET 2 CF IO FOR GENERAL NOTES. f AffAcome 3 If M1 / i' TRACT X y Nuhn OEVMD MW ,-I1 pa14 d yT"iam 0 S4W'n , 8 ------------------------------------------------- r DuZ;TW INC MATCHLINE SEE SHEET 9 4 772-364-4750 4 44 ORAPRIC SCW 20%ffiff OF MV W M LUM AW tWM.IM�MAL � T oOTTIP=Tr FM DEMCPMdT OF OS MOT TRACT r 31 6 OR N OBTNNR MOWN MWM COLN" OM NOT WA MM mr AO[NNT= COWTV KL OW AT Tiff }ME MGM AN APPLICAW ON G� PNf T R APPUGM" SOLTXS.M CNOOM M APPLY POR AW MFMA OaNLAIMmy Cm1} lr. PLAT BOOK: PAGE.- DOCKET AGE.DOCKET NUMBER: 7Rs PAVTarX� ��� \ y1 xrxAPM iBe \ PI \ mm Alb OM¢aA/ ffr Omm -WAM OC ALSPONSffil FOR PMOGmNO M 90CIMIX MEQU m AONO AOS LOPS EIIBIT ~AGE AS OD'TCRR OY AC APFRom PROAMT PRDSDM" PUT *W UNO OL1QOPOW FEMZ GENERAL NOTES SEE SHEET 2 CF IO FOR GENERAL NOTES. f AffAcome 3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: Lease Agreements — CR510 Widening and Improvements Project Acquired Property B&B Tires - 5210 85th St, Vero Beach, FL 32967 Kevin Harwood - 5220 85th Street, Vero Beach, FL 32967 DATE: December 15, 2016 DESCRIPTION AND CONDITIONS The County purchased S210/S220 851h Street from Roy and Cindy Bass in October 2010. The property is 0.53 acres, and consists of a single family home and a commercial outbuilding. The County has found new tenants for the property. Kevin Harwood will lease the residential part of the property containing a 3 bedroom, 1 bath single family home. Joseph and Melissa Dunn will rent the commercial outbuilding for their business, B & B Tires, LLC. The County is not planning to begin road construction near the subject property within the next 12 months. Kevin Harwood has signed a 1 year lease agreement, and will pay $650.00 monthly rent, and the Dunns' :have signed a 1 year lease agreement for B&B Tires, LLC and will pay $1,000.00 monthly rent. Staff has no objection to the lease, as long as Tenant maintains the property in good condition, pays all associated utility, maintenance costs, and will vacate the property within 60 days after advertisement of the bid to widen and improve the section of CR510 (85th Street) near Tenant's property. In addition, each Tenant will be required to obtain Renter's Insurance to keep and maintain at all times during the lease term at the Tenant's expense. FUNDING The ROW purchase was expensed from the Secondary Roads Fund. The monthly rent will be deposited into Secondary Roads/Misc. Income — Acct # 109038-366090. Staff recommends the Board approve the Lease Agreements for the property located at 5210 85th Street to B&B Tires, LLC, and for the property located at 5220 85th Street to Kevin Harwood, and authorize the Chairman to execute the leases on behalf of the Board. ATTACHMENTS One Original Lease Agreement for Kevin Harwood One Original Lease Agreement for B&B Tires, LLC APPROVED AGENDA ITEM FOR: DECEMBER 20.2016 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@1805089B\@BCL@1805089B.doc P102 BOARD OF COUNTY COMMISSIONERS 180127th Street, Vero Beach, Florida 32960-3365 Telephone: 772-567-8000 Direct Line: 772-226-1263 October 27, 2016 Joseph M. Dunn & Melissa N. Dunn D/b/a B&B Tires, LLC 3895 58th Avenue Vero Beach, FL 32966 Subject: LEASE AGREEMENT 5210 85th Street, Vero Beach, FL 32967 Parcel I.D. #31-39-28-00000-5000-00040.1 Dear Mr. and Mrs. Dunn: PUBLIC WORKS DEPARTMENT LAND ACQUISITION DIVISION Sent via Certified Mail 7009 3410 0000 0777 7749 The County owns the property located at 5210 851h Street, Vero Beach, FL, and we would like to propose leasing the property to you. The lease will be for a 1 -year term beginning December 1, 2016 and terminating on November 30, 2017. The monthly rent will be $1,000.00 per month due in advance of the first of the month. This offer of lease agreement shall be valid for 30 days from the date of receipt of this certified letter. If the County does not receive a response from you in reference to the lease offer you will be asked to vacate the property, and return the keys to the County. If you have any questions please contact me at 772-226-1234. Sincerely, Richard B. Szpyrka, P.E. Public Works Director C:\Users\GRANIC—I \AppData\Loca]\Temp\BCL Technologies\easyPDF 7\@BCL@ A405B872\@BCL@A405B8 72.doc P103 LEASE AGREEMENT This lease entered into on this day of , 2016 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called the "Landlord", and Joey M. Dunn and Melissa N. Dunn D/b/a B&B Tire, LLC, hereinafter called the "Tenant", in consideration of the mutual promises and agreements set forth below, hereby agree as follows: WITNESSETH: 1. PROPERTY AND TERM. The Landlord hereby leases to the Tenant, B & B Tires, LLC and facilities situated thereon, located at 5210 85th Street, Vero Beach, FL 32967 in the County of Indian River, Florida, more particularly described as follows: See Exhibit "A" attached hereto. For a term of 12 months, commencing January 1, 2017 and terminating on December 31, 2017 for a total rental of Twelve Thousand Dollars ($12,000.00) payable at the rate of $1,000.00 per month payable in advance. Rent is due on the 1st day of each month and shall be subject to a $25.00 late fee if not paid by the 5th of the month. Failure to pay rent when due shall constitute a breach of this lease. 1.1 Extension of Lease. This lease shall not be extended beyond the stated term unless agreed upon in writing, 30 days before expiration of this lease. 1.2 Termination of Lease by Tenant. Tenant may opt out of this lease anytime during the lease period by providing written notice to Landlord as such. 2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the leased premises for a tire shop, and for no other purpose. Tenant shall not use the premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises. 3. PROPERTY LEASED "AS IS". Tenant agrees that the property is being leased "as is" and that Landlord makes no warranty or guarantee of the condition of the property or any of the improvements. Tenant has examined the premises and has determined that the premises are suitable for Tenant's purposes. 4. COMPLIANCE OF LAW. Tenant shall comply with all of the laws, rules, ordinances, and regulations of the County, State and Federal Governments, and agencies regarding the use of the leased premises. Violation of any law, rule, ordinance or regulation may result in immediate termination of this lease. 5. MAINTENANCE AND REPAIRS. The Tenant agrees to make any and all repairs and improvements to the leased premises and agrees to keep said premises C-\Users\GRANIC-1\AppData\Loca[\Temp\BCL Technologies\easyPDF 7\@BCL@9C05DEB2\@BCL@9C05DEB2.doc P104 in a safe, clean and attractive condition during the term of this Lease. Upon the expiration of the Lease, the Tenant shall surrender the premises quietly and peaceably in substantially the same condition as it was at the outset of this Lease, reasonable wear and tear and damage by the elements excepted. 6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Tenant shall have the right to install on the premises such equipment, fixtures and other items necessary or convenient for its use of the premises. All equipment and property purchased by the Tenant and placed in, on, or about the leased premises, including equipment not affixed to the realty, shall remain the property of the Tenant. Tenant may remove same on or before the termination of the Lease, provided that if removal results in damage to any part of the leased premises, the Tenant shall return the leased property to a condition suitable for the original intended use of that part of the leased property. In addition, any and all personal property not attached or installed in any building or structure shall remain Tenant's property and may be removed on or prior to termination of this Lease. 7. PUBLIC UTILITIES. The Tenant will pay within time allowed for payment without penalties, all charges for non -ad valorem tax, water and electricity and all other public utilities which may arise from the Tenant's use of the leased property. The Tenant agrees to hold the LANDLORD harmless from any interruption in the use and services of such commodities. 8. HOLD HARMLESS. The Tenant agrees to hold harmless and indemnify Landlord from any liability which may arise from the Tenant's use of the leased property. 9. INSURANCE. The Tenant shall cant' the following insurance coverage and shall furnish the Landlord a certificate of said coverage. 9.1 Renters Insurance. Tenant agrees to keep and maintain at all time during the lease term, at Tenant's expense, a renter's insurance policy protecting Landlord against any internal damage to the house, and a general liability policy protecting Landlord against all claims and demands that may arise or be claimed on account of Tenant's use of the premises in an amount of at least $200,000 for individual injuries and $300,000 per occurrence. The policy shall be written by a carrier licensed to do business in Florida 9.2. Special Requirements. Ten days prior to the commencement of tenancy, a certificate of insurance shall be provided to the Risk Manager for review and approval. The certificate shall provide for the following: A. Indian River County shall be named as an "Additional Insured" on the general liability policy. B. Indian River County will be given thirty (30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager. C-\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9C05DEB2\@BCL@9C05DEB2.doc P105 9.3 Lapse in Coverage. If the tenant allows insurance coverage required under this lease to lapse, expire or be canceled it shall be an immediate breach of the lease and grounds for eviction. 9.4 Damage by Fire or Other Causes. That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use, then this Lease shall thereby be determined ended. Landlord shall not be liable to rebuild, replace or repair said premises. 10. MAINTENANCE OF EXTERIOR. Tenant agrees to mow grass and maintain the landscaping and shrubbery. Tenant agrees to maintain the automobile parking areas, driveways and the exterior of the building. 11. RIGHT TO INSPECT. The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition. 12. ASSIGNMENT OR SUBLEASE. Tenant shall not assign, sublease or transfer any part of this Lease without prior written consent of the Landlord which may be withheld for any reason. Tenant shall not mortgage the leased premises. 13. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this Lease, the prevailing party shall be entitled to all attorney's fees, costs and suit money expended to resolve that dispute. 14. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to Tenant at: If to Tenant: Joey M. Dunn and Melissa N. Dunn D/b/a B&B Tire, LLC 3895 58th Avenue Vero Beach, FL 32966 Such notices to Landlord shall be addressed as follows: Board of County Commissioners of Indian River County 1801 27th Street Vero Beach, Florida 32960 Attention: Land Acquisition/Monique Filipiak, Public Works These addresses may be changed by either party by providing written notification to the other. C-\Users\GRANIC^1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9C05DEB2\@BCL@9C05DEB2.doc P106 15. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from you county public health unit. This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404.056 for the purpose of public information and notification. 16. VIOLATION OF TERMS OF LEASE. If Tenant violates any of the covenants and conditions of this lease, then the Tenant shall become a Tenant at Sufferance, and in the event Tenant is evicted by suit at law, Tenant agrees to pay to Landlord all costs of such suit including a reasonable attorney's fee; that no assent, expressed or implied, to any breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach. C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9C05DEB2\@BCL@i9C05DEB2.doc P107 IN WITNESS WHEREOF, we, the Landlord and Tenant, hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Joseph M. Dunn (Signature) (Date) Melissa N. Dunn (Signature) (Date) Witnessed by (Printed name) (Date) Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: County Attorney C•\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9C05DEB2\@BCL@9C05DEB2.doc P108 EXHIBIT "A" COM AT SW COR OF SETA OF SW.IA; RUN E O N SEC LINE 715 FT, N 25 FT TO N RIW OF WABASSO RD FOR POB; TH N 150 FT, TH E 170 �FT; THS 150 FT, TH W 170 FT TO POB LES S RD RAV (OR BK 650 PP 2038) C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\ea'syPDF 7\@BCL@9C05DEB2\@BCL@9C05DEB2.doc P109 BOARD OF COUNTY COMMISSIONERS 180127th Street, Vero Beach, Florida 32960-3365 Telephone: 772-567-8000 Direct Line: 772-226-1263 October 27, 2016 Kevin Harwood 5220 85th Street Vero Beach, FL 32967 Subject: LEASE AGREEMENT 5220 85th Street, Vero Beach, FL 32967 Parcel I.D. #31-39-28-00000-5000-00040.1 Dear Mr. Harwood: PUBLIC WORKS DEPARTMENT LAND ACQUISITION DIVISION Sent via Certified Mail 7009 3410 0000 0777 7732 The County owns the property located at 5220 850h Street, Vero Beach, FL, and we would like to propose leasing the property to you. The lease will be for a 1 -year term beginning December 1, 2016 and terminating on November 30, 2017. The monthly rent will be $650.00 per month due in advance of the first of the month. This offer of lease agreement shall be valid for 30 days from the date of receipt of this certified letter. If the County does not receive a response from you in reference to the lease offer you will be asked to vacate the property, and return the keys to the County. If you have any questions please contact me at 772-226-1234. Sincerely, Richard B. Szpyrka, P.E. Public Works Director C:\Users\GRANIC—I\AppData\L.ocal\Temp\BCL Technologies\easyPDF 7\@BCL@A4052678\@BCL@A4052678.doc Pilo LEASE AGREEMENT This lease entered into on this day of , 2016 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called the "Landlord", and Kevin Harwood, hereinafter called the "Tenant", in consideration of the mutual promises and agreements set forth below, hereby agree as follows: WITNESSETH: 1. PROPERTY AND TERM. The Landlord hereby leases to the Tenant the single family residence and facilities situated thereon, located at 5220 85th Street Vero Beach, FL 32967 in the County of Indian River, Florida, more particularly described as follows: See Exhibit "A" attached hereto. For a term of 12 months, commencing January 1, 2017 and terminating on December 31, 2017 for a total rental of Seven Thousand Eight Hundred Dollars ($7,800.00) payable at the rate of $650.00 per month payable in advance. Rent is due on the 1st of each month and shall be considered late and subject to a $25.00 late fee if not paid by the 5th of the month. Failure to pay rent when due shall be considered a breach of this lease. 1.1 Extension of Lease. This lease shall not be extended beyond the stated term unless agreed upon in writing, 30 days before expiration of this lease. 1.2 Termination of Lease by Tenant. Tenant may opt out of this lease anytime during the lease period by providing written notice to Landlord as such. 2. USE OF PREMISES. During the term of this Lease, the Tenant shall use the leased premises for a private, single family residence, and for no other purpose. Tenant shall not use the premises, or any part thereof, or permit the same to be used for any illegal, immoral, or improper purposes; not to make, or permit to be made, any disturbance, noise, or annoyance whatsoever detrimental to the premises or the comfort and peace of the inhabitants of the vicinity of the premises. 3. PROPERTY LEASED "AS IS". Tenant agrees that the property is being leased "as is" and that Landlord makes no warranty or guarantee of the condition of the property or any of the improvements. Tenant has examined the premises and has determined that the premises are suitable for Tenant's purposes. 4. COMPLIANCE OF LAW. Tenant shall comply with all of the laws, rules, ordinances, and regulations of the County, State and Federal Governments, and agencies regarding the use of the leased premises. Violation of any law, rule, ordinance or regulation may result in immediate termination of this lease. 5. MAINTENANCE AND REPAIRS. The Tenant agrees to make any and all repairs and improvements to the leased premises and agrees to keep said premises C:\Users\GRANIC-1\NppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9C0569BB\@BCL@9C0569BB.doc P111 in a safe, clean and attractive condition during the term of this Lease. Upon the expiration of the Lease, the Tenant shall surrender the premises quietly and peaceably in substantially the same condition as it was at the outset of this Lease, reasonable wear and tear and damage by the elements excepted. 6. INSTALLATION AND REMOVAL OF EQUIPMENT AND FIXTURES. Tenant shall have the right to install on the premises such equipment, fixtures and other items necessary or convenient for its use of the premises. All equipment and property purchased by the Tenant and placed in, on, or about the leased premises, including equipment not affixed to the realty, shall remain the property of the Tenant. Tenant may remove same on or before the termination of the Lease, provided that if removal results in damage to any part of the leased premises, the Tenant shall return the leased property to a condition suitable for the original intended use of that part of the leased property. In addition, any and all personal property not attached or installed in any building or structure shall remain Tenant's property and may be removed on or prior to termination of this Lease. 7. PUBLIC UTILITIES. The Tenant will pay within time allowed for payment without penalties, all charges for non -ad valorem tax, water and electricity and all other public utilities which may arise from the Tenant's use of the leased property. The Tenant agrees to hold the LANDLORD harmless from any interruption in the use and services of such commodities. 8. HOLD HARMLESS. The Tenant agrees to hold harmless and indemnify Landlord from any liability which may arise from the Tenant's use of the leased property. 9. INSURANCE. The Tenant shall carry the following insurance coverage and shall furnish the Landlord a certificate of said coverage. 9.1 Renters Insurance. Tenant agrees to keep and maintain at all time during the lease term, at Tenant's expense, a renter's insurance policy protecting Landlord against any internal damage to the house, and a general liability policy protecting Landlord against all claims and demands that may arise or be claimed on account of Tenant's use of the premises in an amount of at least $200,000 for individual injuries and $300,000 per occurrence. The policy shall be written by a carrier licensed to do business in Florida 9.2. Special Requirements. Ten days prior to the commencement of tenancy, a certificate of insurance shall be provided to the Risk Manager for review and approval. The certificate shall provide for the following: A. Indian River County shall be named as an "Additional Insured" on the general liability policy. B. Indian River County will be given thirty (30) days' notice prior to cancellation or modification of any stipulated insurance. Such notice shall be in writing by certified mail, return receipt requested, and addressed to the Risk Manager. C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9C0569BB\@BCL@9C0569BB.doc P112 9.3 Lapse in Coverage. If the tenant allows insurance coverage required under this lease to lapse, expire or be canceled it shall be an immediate breach of the lease and grounds for eviction. 9.4 Damage by Fire or Other Causes. That in the event the premises are destroyed or so damaged by fire or other casualty as to be unfit for occupancy or use, then this Lease shall thereby be determined ended. Landlord shall not be liable to rebuild, replace or repair said premises. 10. MAINTENANCE OF EXTERIOR. Tenant agrees to mow grass and maintain the landscaping and shrubbery. Tenant agrees to maintain the automobile parking areas, driveways and the exterior of the building. 11. RIGHT TO INSPECT. The Landlord may enter and inspect the leased premises at all reasonable hours to insure the premises is being properly maintained and kept in good condition. 12. ASSIGNMENT OR SUBLEASE. Tenant shall not assign, sublease or transfer any part of this Lease without prior written consent of the Landlord which may be withheld for any reason. This lease is entered into with the knowledge that 3 adults shall reside in the house. No additional residents, whether permanent or temporary shall be permitted to move into the house during the term of the lease without Landlord's written consent. Tenant shall not mortgage the leased premises. 13. ATTORNEY'S FEES AND COSTS. In the event there arises any dispute or litigation over the terms and conditions of this Lease, the prevailing party shall be entitled to all attorney's fees, costs and suit money expended to resolve that dispute. 14. NOTICE. Any notices which are required, or which either party may desire to serve upon the other, shall be in writing and shall be deemed served when hand delivered, or when actually received via U.S. Mail, postage prepaid, return receipt requested, addressed to Tenant at: If to Tenant: Kevin Harwood 5220 85th Street Vero Beach, FL 32967 Such notices to Landlord shall be addressed as follows: Board of County Commissioners of Indian River County 1801 27th Street Vero Beach, Florida 32960 Attention: Land Acquisition/Monique Filipiak, Public Works These addresses may be changed by either party by providing written notification to the other. C-\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9C0569BB\@BCL@9C0569BB.doc P113 15. RADON GAS. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from you county public health unit. This paragraph is included pursuant to the requirement of Florida Statutes Chapter 404.056 for the purpose of public information and notification. 16. VIOLATION OF TERMS OF LEASE. If Tenant violates any of the covenants and conditions of this lease, then the Tenant shall become a Tenant at Sufferance, and in the event Tenant is evicted by suit at law, Tenant agrees to pay to Landlord all costs of such suit including a reasonable attorney's fee; that no assent, expressed or implied, to any breach of one or more of the covenants and agreements shall be deemed to be a waiver of any succeeding or other breach. C-\Users\GRANIC—i\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9C0569BB\@BCL@9C0569BB.doc P114 IN WITNESS WHEREOF, we, the Landlord and Tenant, hereunto affixed our hands and seals at Vero Beach, Indian River County, Florida, the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved: Jason E. Brown, .County Administrator Approved as to Form and Legal Sufficiency: County Attorney Kevin Harwood (Signature) (Date) Witnessed by (Printed name) (Date) C:\Users\GRANIC-11AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9C0569BB\@BCL@9C0569BB.doc P115 EXHIBIT "A" COM AT SW COR OF SETA OF SW.IA, RUN E O [N.' LINE 115 FT; N 25 FT TO N R/W OF WABASSO RD FOR POB, TH N '150 FT, TH E 170 FT, TH S 150 FT; TH W 170 FT TO POB LES S RD R/W (OR BK 650 PP 2038) —� C-\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9C0569BB\@BCL@9C0569BB.doc P116 CONSENT: 12/20/2016 F—T Office of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney DATE: December 13, 2016 ATTORNEY RE: Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation Section 125.68, Florida Statutes requires that each county maintain a current codification of all ordinances, which must be published annually by the Board of County Commissioners. Once codified, the Code is the best evidence of the current law of the County. The Code is codified through adoption of an ordinance; adoption of the ordinance must be preceded by public hearing. FUNDING: The only cost associated with this item is the advertising cost for the public hearing which is estimated to be no more than $150.00 and is available from the County Attorney's budget/Other Professional Services; Account No. 00110214-033190. REQUESTED ACTION: Authorize staff to advertise for a public hearing on January 24, 2017 to amend Section 100.03(4) of the Indian River County Code. nhm P117 CONSENT AGENDA Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners FROM: Michael R. Smykowski Director, Office of Management & Budget DATE: December 14, 2016 SUBJECT: Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees, etc.) DESCRIPTIONS AND CONDITIONS In January of each year the Board of Commissioners adjusts the fixed interest rates charged by the County for financing utility assessments, utility impact .fees, petition paving assessments and any other financing. County policy has been to set this rate equivalent to the prime interest rate as published in the Wall Street Journal and other financial news outlets, with the exception that the rate will not be set lower than 5.00% .for County financing, as approved by the Board of County Commissioners on December 15, 2015. The 5.00% interest rate is equivalent to the maximum interest rate on County utility revenue bonds, and was established to prevent the County from lending at lower rates than our own borrowing costs The prime interest rate listed on Bloomberg on Monday, December 14, 2016, was 3.50%. Staff recommends maintaining the interest rate charged by the County at 5.00%. The only exception to this interest rate would be for projects directly affiliated with a bond issue for which .the bond covenants dictate a different interest rate. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the fixed interest rate of 5.00%. Staff further recommends that this rate remain in effect for calendar year 2017 for all County financing with the exception of projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate. ATTACHMENT County Financing Interest Rate History Meeting Date ,December 20, 2016 ?- k P118 COUNTY FINANCING INTEREST RATES Historical Amounts Compared to Interest Rate Benchmarks Calendar Year County Rate 2017 (Recommended) 5.00% 2016 5.00% 2015 5.75% 2014 5.75% 2013 5.75% 2012 5.75% 2011 5.75% 2010 5.75% 2009 5.75% 2008 (31 5.75% 2007 8.25% 2006 7.00% 2005 5.75% 2004 5.75% 2003 5.75% 2002 - Feb. 5 - Dec. 31 �'� 5.75% 2002 - Jan. 1 - Feb. 5 �'� 4.75% 2001 - Jul. - Dec. (2) 6.75% 2001 - Jan. - Jun. (2) 8.50% 2000 8.50% Historical Interest Rates 9.00% 8.00% 7.00% 600% 500% N ar 400% c 3.00% 2.00% 1.00% 0.00% 1 1.000 10111 `LOO`, `LOO, 9 1006 `LOOP `100 1 101`1 `lye 1 101 Calendar Year (1) On February 5, 2002, the Board of Commissioners adopted a minimum interest rate of 5.75%. This rate is equivalent to the interest rate on County utility revenue bonds. This prevents the County from lending at lower rates than our own borrowing costs. After early payoff of Series 2005 Water & Sewer Revenue bonds in 2015, the maximum interest rate on utility bonds is 5.00%, therefore, on December 15, 2015, the Board approved decreasing the minimum interest rate to 5.0% (2) Due to highly fluctuating interest rates, the County adjusted interest rates every six months, rather than every twelve months for calendar year 2001. (3) On December 18, 2007, the BCC approved setting this at the minimum rate of 5.75% as opposed to the prime rate of 7.25% in light of current economic conditions. Note: The County sets a standard interest rate on all financing at the beginning of each calendar year. This rate is equivalent to the prime rate as published on Bloomberg, with a minimum rate of 5.75% adopted on February 5, 2002. F:\Budget\Carol Roberts\1 Excel Documents\20162017Budget\interest rate history �o INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: ADDRESS: 836 Riomar Drive, Vero Beach 32963 Lange Sykes, Vero Beach City Council f PHONE: 772-473-7983 SUBJECT MATTER FOR DISCUSSION: Indian River Lagoon — City/County Collaborative IS A DIGITAL/ELECTRONIC PRESENTATION 'PLANNED? a YES a NO IS THIS AN APPEAL OF A DECISION F-1 YES Fx � NO WHAT RESOLUTION ARE YOU Informational Only REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES FX7 NO WHAT FUNDS OR ACTIVITIES ARE N/A REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR. Jason E. Brown MEETING DATE: December 20, 2016 FACoumv AdminlEaecAsstIAGENDA\Public Discussion Items Fomi.doc P120 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Wanda Scott, Gifford Economic Development Council ADDRESS: 4306 261 Avenue, Vero Beach PHONE: 453-3181 SUBJECT MATTER FOR DISCUSSION: Gifford Economic Development Follow -Up IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? Fx –1 YES F-1 NO IS THIS AN APPEAL OF A DECISION F-1 YES X❑ NO WHAT RESOLUTION ARE YOU None – For Information Purposes REQUESTING OF THE COMMISSION? p ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES ❑ NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via. Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR. Jason E. Brown MEETING DATE: December 20, 2016 F\County AdminTwAssAAGENDATublic Discussion Items Form doc P121 /02, e " / rINDIAN RIVER COUNTY, FLORIDA DEPARTMENTAL MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director of Emergency Services FROM: Maria Resto, Radiological Emergency Analyst/Radio System Manager DATE: December 5, 2016 SUBJECT: Approval of Work Order #2 for Radio System P25 Migration Project It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: On August 16, 2016, the Board approved a migration project to the Federal Communications Commission P25 standard for interoperable digital two way communications for public safety organizations. As you will recall, staff recommended commencing the upgrades in phases over a five-year period. Staff is now presenting Work Order #2 for the phased upgrade, which includes the installation of radio system equipment and dispatch consoles necessary for the radio system upgrade. Continuing with the Board approved P25 migration project and agreement for service; the attached work order outlines the projects and associated cost of $1,297,985.90 and requires signing of the work order. FUNDING: This is a planned upgrade using the optional sales tax fund as detailed in the County's Capital Improved Element (CIE). ITEM Amount Account Number P25/Phase 2 $1,297,985.90 31512022-066510-16004 RECOMMENDATION: Staff recommends the Board approve Work Order 92 with Communications International Inc. and authorize the Chairman to execute the agreement. ATTACHMENTS: 2 Originals Work Order 92 Exhibit "A" P122 Indian River County Emergency Services 4225 43rd Avenue Vero Beach, Florida 32960 Telephone: (772) 226-3900 FAX: 772-567-9323 Project: P25 Radio Project Emergency Services WORK ORDER NO. 2 FOR THE COUNTYWIDE P25 MICROWAVE RADIO SYSTEM MIGRATION PROJECT WITH Communications International, Inc. This Work Order No. 2 to the Countywide P25 Radio System Migration Project dated December 13, 2016 is for the Radio System Contractor (Communications International) to perform work necessary to provide P25 Radio Communications Network Enhancements to the Indian River County (County) Radio System. Work Order No. 2 is as follows: SECTION I — PROJECT LIMITS This Work Order No. 2 includes tasks and services for Communications International to perform in connection with the radio system upgrade. SECTION II - SCOPE OF SERVICES As agreed upon between Communications International and County, that Communications International shall provide all Engineering, Design and supply necessary materials and labor to install radio system equipment and dispatch consoles with necessary migration equipment as described in price quote dated 11-14-16. Milestones and pricing associated herein are attached to this Work Order No. 2 as Exhibit A and incorporated by reference herein. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT Communications International shall provide the County: The services completed by Communications International and delivered to the county within 365 days from notice to commence. SECTION IV — COMPENSATION The County agrees to pay, and Communications International agrees to accept, for the above described services rendered as identified in Sections I, II, and III of this Work Order No. 2 for a total amount of $1,297,985.90 P123 Any additional services not described hereon shall be pre -approved by the County. All invoicing shall include itemized costs and materials expended to complete the work. IN WITNESS WHEREOF the parties hereto have executed these presents this 20th day of December, 2016. OWNER: DESIGN/BUILDER: 'BOARD OF COUNTY COMMISSIONERS Communications International INDIAN RIVER COUNTY, FLORIDA (Signature) Joseph E. Flescher, Chairman Approved by BCC (Signature) Joseph Cowan, Project Manager ATTEST: Jeffrey R. Smith, Comptroller and Clerk of Witnessed by: Circuit Court Deputy Clerk Approved as to Form and Legal Sufficiency: Dylan Reingold, County Attorney Jason Brown, County Administrator (Signature) (Printed name) P124 EXHIBIT "A" Milestone Payment Schedule Milestone 1 CDR Acceptance 86,965.00 Milestone 2 Ci receipt of VIDA Core and BeOn Server 311,405.70 Milestone 3 Ci receipt of Migration Gateway 244,133.14 Milestone 4 Ci receipt of Harris Symphony Consoles 386,192.07 Milestone 5 Ci receipt of MPLS network equipment 16,929.99 Milestone 6 Installation Services 165,395.00 Milestone 7 Testing and Final Acceptance 86,965.00 Total Invoicing $1,297;985:90 P125 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Michael Smykowski, Budget Director FROM: Basil D. Dancy, Computer Services Manager SUBJECT: Microsoft Enterprise Agreement License Additions DATE: November 23, 2016 DESCRIPTION AND CONDITIONS In November of 2005, the Board of County Commissioners approved a Microsoft Enterprise Agreement which covered the necessary licensing for the operating systems and office application software used throughout the county. The Enterprise Agreement also had the necessary licensing to cover the server OS and database systems used in applications for multiple departments. In 2005 we purchased licensing to cover existing usage according to the licensing standard at that time. The licensing structure in 2005 was based on a "per server" and "per computer" format. The agreement has been renewed and extended as necessary to keep us current. Over the last couple of years Microsoft has changed the licensing format for several of the software packages we use. licensing is now based on a "per core" and "per user" format. We completed, with Microsoft's assistance, a license review to make sure that we are using the licensing in an optimal fashion. Upon completion of the review it was discovered, due primarily to the licensing standard changes, that additional licenses would need to be purchased to bring us into compliance with current license and technology standards. We have received a quote from the state contract provider for the needed additional licenses. The SQL Core Fees are related to the purchase of newer, faster, servers in order to ensure the county wide applications (CDPIus used by Community Development, ArcGIS used by multiple departments, MUnis used county wide, EMSPro used by Emergency Services, etc.) operate at peak efficiency with minimal lag and down time. The Office Application Fees relate to the change from "per computer" to "per user" which has a major impact on the Fire Rescue Division. Historically we were based on a 2 computer per station usage to cover the over 200 Fire Rescue personnel. Under the new licensing format we need to purchase enough licenses to essentially have a license for each individual staff member. FUNDING This is a one time "true up" expenditure and as such will be allocated to the specific funds which are the primary end user of the licensed technology and/or software packages. The funding sources will be spread across multiple departments due to the distributed nature of P126 Page 2 the end user locations. The allocations will be set up per the table below. A budget amendment will follow from cash forward in each respective fund to ensure necessary funds are available. Fund Name and SQL Core License Fees Office Application Fund Expense Total Number Fees ESD Fund 114 $43,038.24 $55,616.20 $98,654.44 911 Fund 120 $28,692.16 $28,692.16 Utilities Fund 471 $114,768.64 $5,753.40 $120,522.04 County Building Fund 441 $86,076.48 $4,315.05 $90,391.53 Computer Services & GIS Fund 505 $100,422.56 $75,274.47 $175,697.03 Totals $372,998.08 $140,959.12 $513,957.20 RECOMMENDATION Staff recommends that we authorize the expenditure and create a PO to process the payment to the associated vendor. ATTACHMENTS 1. SHI Vendor Quote 2. Licensing Change Worksheet APPROVED AGENDA ITEM FOR December 20. 2016 P127 Indian River County FL Pricing Proposal Quotation #: 12633647 Created On: 12/6/2016 Valid Until: 12/30/2016 Inside Account Manager Basil Dancy Sean Carlin 1801 27th St. 290 Davidson Avenue Vero Beach, FL 32960 Somerset, NJ 08873 UNITED STATES Phone: 800-543-0432 Phone: (772) 226-1256 Fax: 732-868-6055 Fax: (772) 226-1558 Email: Sean_Cadin@shi.com Email: bdancy@ircgov.com All Prices are in US Dollar (USD) Microsoft Contract 43230000-15-02 P128 Product Qty Your Price Total 1 Microsoft Core CAL - Software assurance -1 user CAL - Enterprise - All Languages 116 $255.69 $29,660.04 Microsoft - Part#: W06-00445 2 Microsoft SQL Server - License & software assurance - 1 user CAL - additional 116 $218.41 $25,335.56 product - Enterprise, - All Languages Microsoft - Part#: 359-00960 3 Microsoft Office Project Professional - License & software assurance -1 PC - 3 $1,040.50 $3,121.50 academic - Enterprise, Select, Select Plus, EES - Win - All Languages - with Project Server CAL Microsoft- Part#: H30-00237 4 Microsoft SQL Server Enterprise Core Edition - License & software assurance - 2 26 $14,346.08 $372,998.08 cores - Enterprise, Select, SPLA, Select Plus, EES - Win - All Languages Microsoft - Part#: 7JO-00341 5 Microsoft Windows Remote Desktop Services - License & software assurance - 1 8 $137.42 $1,099.36 user CAL - Enterprise, Select, Select Plus - Win - All Languages Microsoft - Part#: 6VC-01252 6 Microsoft SQL Server Standard Edition - License & software assurance - 1 server - 2 $648.67 $1,297.34 academic - Enterprise - Win - All Languages Microsoft - Part#: 228-04437 Note: 3 years remain 7 OfficeProPlus ALNG LicSAPk MVL Mdtrm 178 $451.94 $80,445.32 Microsoft - Part#: 79P-04349 Total $513,957.20 Additional Comments Microsoft Contract 43230000-15-02 P128 EA # 7409364 SHI Fed IN 22-3009648 The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/retumnolicy. unless there is an existing agreement between SHI and the Customer. P129 Dept. Before After Estimated Cost Notes Fund Total To meet mimimum requirements of new Utilities (CIS) (471) 8 Core 24 (Per Core) $114,768.64 version of software $114,768.64 To meet mimimum Emergency Services (EMSPro) requirements of new (114 & 120) 8 Core 18 (Per Core) $71,730.40 version of software $71,730.40 To alleviate issues with slow performance and long wait times and to provide support for new Clear Community Development Village scanning and web (CDPlus) (441) 8 Core 20 (Per Core) $86,076.48 applications $86,076.48 To meet mimimum requirements of new Computer Services (Munis) (505) 8 Core 14 (Per Core) $431038.24 version of software $43,038.24 To meet mimimum requirements of new GIS (505) 8 Core 16 (Per Core) $57,384.32 version of software $57,384.32 Sub Totals 40 Core 92 (Per Core Licenses) $372,998.08 $372,998.08 Total increase of licenses of 294: of this amount 232 is attributable to increase in services used by county Fire Rescue staff. Previously Fire Rescue staff shared accounts and recently expanded to individual Office Applications (505) 1 450 Licenses 744 Licenses $140,959.12 accounts for all staff $140,959.12 Grand Total Expenditures 1 $513,957.20 1$513,957.201 w 0 Summary Fund Totals SQL Core License Fees Office App Fees Fund Expense Total 911 Fund 120 $28,692.16 $28,692.16 ESD Fund 114 $43,038.24 $55;616.20 $98,654.44 Utilities Fund 471 $114,768.64 $5;753.40 $120,522.04 County BuildingFund 441 $86,076.48 $4,315.05 $90,391.53 Computer Services & GIS Fund 505 $100,422.56 $75,274.47 $175,697.03 Total $372,998.08 $140;959.12 $513,957.20 Usage by Fund SQL Core Licenses Utilities 471 24 Community Development 441 20 GIS 505 16 911 Fund 120 4 Fire Rescue 114 14 Computer Services 505 14 Total Core Licenses 92 w N Office Applications License Allocations Existing License Quantity Additional License Quantity Total Office Application Licenses Fire Rescue 55 232 287 Recreation 12 16 28 Parks 5 2 7 Traffic Engineering 11 2 13 Building Division 30 9 39 Road & Bridge 8 2 10 Utilities Operations 96 12 108 Facilities Management 20 20 BCC 14 14 Computer Services 70 19 89 Budget 6 6 County Administration 5 5 County Attorney 8 8 Human Resources 9 9 Risk Management 3 3 Purchasing 6 6 General Services 5 5 Veteran Services 6 6 Sandridge Golf Course 8 8 Shooting Range 3 3 Human Services 2 2 911 8 g Animal Control 8 8 Community Development 6 6 Long Range Planning 8 8 Code Enforcement 8 8 Emergency Management 30 30 0 Total 450 294 744 /or, �7, % INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 9, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: North Sebastian Septic to Sewer Approval of Financing Mechanism — Phase 1 DESCRIPTIONS AND CONDITIONS: On August 20, 2013, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 6 for Masteller and Moler, Inc. (M&M) to provide professional services investigating the feasibility of installing centralized sewer services in the North Sebastian area. On February 11, 2014, the results of the study were presented to the BCC, and the BCC directed staff to present the findings to the City of Sebastian (COS/City). On February 12, 2014, staff presented the findings to the COS's city council, and a follow-up workshop was held at the COS chambers on March 19, 2014. Staff also presented the information to the Friends of Sebastian River on May 27, 2014. On October 21, 2014, the BCC approved Work Order No. 7 for M&M to provide professional services in relation to designing, permitting and preparing construction plans. On November 23, 2016, staff presented project costs and potential financing options to the COS city council. The purpose of the subject agenda is to outline possible financing options that will enable benefitting property owners to connect to a central sewer system in a way that encourages maximum participation. ANALYSISANGI NEERI NG: M&M evaluated four (4) alternatives in the sewer feasibility study for the north Sebastian area. The study recommended the gravity collection alternative as the preferred method for a centralized sewer system in this area. The construction of the centralized sewer for residential and commercial properties in the north Sebastian area will be accomplished in a phased approach. The commercial area east of US Highway 1 has been designed and is to be constructed in the first phase. The BCC authorized staff to pursue this project, pending successful grant application. Staff applied for grant awards that would help defray some of the costs of installing such a system. The county was successful in securing a grant in July 2016 through the Fiscal Year 2015-2016 Cost Share Program administered by the St. Johns River Water Management District (SJRWMD). This grant covers 33% of the construction cost. Therefore, the remaining 67% of the construction cost must be funded via other sources. Staff is ready to bid the project but needs approval on the financing mechanism before doing so. A separate agenda item will be presented for the BCC's consideration to retain M&M for bidding and construction phase assistance. Other funding sources are required to further reduce the construction and connection costs in order to minimize the financial burden on property owners and to entice them to connect to the centralized system. C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@98054E51\@BCL@98054E51.doc P134 FINANCING/FUNDING: Staff reached out to the COS on this project as they are a major stakeholder. The COS has voiced their willingness to support the county's efforts for a centralized sewer system but has cautioned that the capital portion of the project should not be borne by the COS but rather by the county and/or the county's utility. On November 23, 2016, the COS city council directed their city manager to engage in discussions with the county administrator on how best to proceed for connecting property owners (once the project is built) such as using the COS's Community Redevelopment Area (CRA) funds or the COS's grant from the Indian River Lagoon Council (IRLC). Such financial details need to be approved. A city council meeting to be he -Id Wednesday, December 14, 2016, proposes to use the $100,000 IRLC grant and the remaining $230,000 in the city's septic to sewer fund. Within the program it is proposed to allocate $10,000 per qualified applicant from the City's CRA funds and $5,000 per applicant from the Indian River Lagoon Council grant for a total of $15,000 per applicant. The purpose of the presentation to the COS city council on November 23, 2016, and to the BCC on December 20, 2016, is to illustrate estimated costs associated with installing centralized sewer for phase 1. Such costs can be divided into two main categories: 1) project costs and 2) connection costs. Project costs represent the totality of all the costs that go into the design and building of the project. The "soft costs" include tasks such as engineering design, survey work, and permit fees. The majority of the remaining costs are the construction costs that include all material and labor needed to build the project. Simply, construction costs plus soft costs equals project cost. The SJRWMD grant is only tied, to the construction costs; and as such, all soft costs have been paid for using utility funding. The connection costs represent those fees necessary to connect to a system once it is built. They include costs such as running a line on a property from a structure to the roadway, abandonment of the septic tank, and impact fees. All users who connect to the system must pay for their impact on the system, which includes the demand of their connection on transmission mains and treatment plant capacity. Impact fees are in addition to construction costs. Other funding options such as Optional Sales Tax and Utility Funds were considered to assist in reducing the financial impact to commercial property owners. In Phase 1, the costs per benefitting parcel were evaluated under the following criteria: • Hydraulic Fair Share (converted to potential ERUs) • Linear footage of parcel fronting the sewer main • Square footage or area of the benefitting parcel M&M's proposal for Commercial Area Phase I tabulated the number of potential ERUs that could come on- line based on zoning, underlining land use and past site plan applications for vacant parcels. Where applicable, for parcels that had structures, existing water usage and ERUs currently allocated were utilized. Staff recommends the BCC consider the following funding mechanism for North Sebastian Septic to Sewer Phase I. Note this breakdown is in draft form, subject to change, and not a final determination. Page 2 of 8 P135 NORTH SEBASTIAN PHASE I - SEPTIC TO SEWER Project Specifics Total Unincorporated County City of Sebastian Comments Total Number of Parcels = 61 19 42 Total Number of Potential ERU's = 228 150 78 Total Square Footage (ft2) = 3096343 1711609 1384734 Total Linear Footage of sewer main (LF) = 11980 4510 7470 Average Share Combining ERU, SF & LF = 53% 47% Fair Share of the Construction Cost = $1,040,843 $926,551 Design, permitting & 100% construction plans $15522000 ,. Funded by Indian River County -Utilities Bidding/Construction Phase Assistance $12500000 ,. Funded by Indian River County -Utilities .'Phase I Project Cost Per Hydraulic Share or Per. 4kFo6tage TRU, Pe_r Square (ft2 �) Per Linear Footage $8,628.92 Construction $1,967,394.70 $0.64 $164.22 Construction Cost Breakdown: Cost Share Grant (33% of Construction Cost Up to a of Max $649,240.00) $649,240 $2,847.54 $0.2097 $54.19 Utility Assessment Fund ,(473) $393,479 $1,725.78 $0.1271 $32.84 Sales Tax Contribution $393,479 $1,725.78 $0.1271 $32.84 Total Other Sources $1,436,198 $6,299.11 $0.4638 $119.88 Assessment- (Owner) Portion $S31,197 $2,330 $0.1716 $44.34 Impact Fee Breakdown Impact Fee (100%) @ (228* $2,796) _ $637,488 $2,796.00 Unincorporated - County COS Less: City of Sebastian: CRA, Lagoon Council Grant & City Match $218,088 $0.00 $2,796.00 Less: Sales Tax Contribution of 75% $314,550 $2,097.00 $0.00 Connection Charges (Owner Portion) $104,850 $699 $0.00 COST OF IMPACT FEES TO BE PAID BY OWNER= $699 $0.00 TOTAL COST TO BE PAID BY OWNER, PER ERU= $3,029 $2,330 Page 3 of 8 P136 Construction Costs Of the $1.97M construction cost, the grant funding, optional sales tax assistance and utility fund contribution reduce the remaining costs to $531,197. The other funding sources represent approximately 73% of the construction costs. Dividing the remaining owner portion number by the potential ERUs to be served equates to a per-ERU cost estimate of $2,330 to all properties (inside and outside the COS). Construction Cost $1,967,394:70 Percentage Amount Cost Share Grant 33% $649,240.00 Utility Assessment Fund (473) 20% $393,479.00 Sales Tax Contribution 20% $393,479.00 Total Other Sources 73% $1,436,198.00 Assessment- (Owner) Portion $531,197.00 Impact Fee Costs An estimated 228 ERUs are to be connected from existing structures and future growth. Of that number, it is estimated that 78 ERUs are inside the COS and 150 are in unincorporated county. Assuming a full impact fee demand of $637,488, these costs will affect property owners, depending on their location. As noted prior, the city council is meeting as of the writing of this agenda to allocate CRA funds, COS funds and IRLC grants to qualified property owners in assist with connection costs. It is feasible that a qualified property owner could have their sewer impact fee cost covered by the COS's funding sources so that their only obligation would be the estimated reduced capital recovery costs of $2,330/ERU. County residents would be required to pay a portion of the impact fee as shown below: Impact Fee (228 ERU x $2,796/ERU) $637,488 Percentage Amount IRC Properties -150 ERUs Sales Tax Contribution ($2,076/ERU) 75% $314,550* Qualified Owners. ($699/ERU) 25% $104,850 City of Sebastian -78 ERUs City Funds (CRA, IRLC, COS match) 100% $218,088 Qualified Owner 0% $ 0 * Illustration is for 75% subsidy but other options exist. SCHEDULEMMELINE: On October 4, 2016, the Board approved the SJRWMD cost share funding agreement for the septic to sewer project for a maximum reimbursement of up to $649,020.35, or 33% of the construction cost of the project. There are some key dates/milestones to remember: Page 4 of 8 P137 Date Description 12/20/2016 BCC approve funding mechanism 12/2016 to 04/2017 Bid project 05/2017 Begin project if a responsive and responsible bidder submits* 05/2018 Finish Project** Summer 2018 Begin to connect property owners * The grant agreement specifically states: "If the construction, which is eligible for District reimbursement, does not begin before June 30, 2017, or if the first invoice for non -construction projects is not submitted by June 30, 2017, the cost -share agreement will be subject to termination and the funds subject to reallocation." ** The grant agreement terminates on June 30, 2018. There is an option for extension, but such requests must be made on or before April 1, 2018. There is a tight timeline imposed by the SJRWMD to expedite completion of the work. Attachment 4 contains the SJRWMD cost share grant. CONNECTIONS: In addition to determining the financing mechanism for the project, a connection policy should be revisited. New Construction The County's land development regulations (LDR) spell out the requirements for new development as it relates to utility connections. Section 918.05 - Water and Wastewater Connection Requirements for New Development has a connection matrix (as shown in table 3.A.16 and 3.13.19). For parcels inside the Urban Service Area (USA) where centralized water and/or sewer services exist, the LDRs require that those parcels connect to the system. No changes to the LDR section 918.05 are proposed. Existing Structures In order to assist in the financial viability of this project, the BCC should consider whether or not mandatory connections are applicable. Awaiting voluntary connections would transfer the full financial obligation of the project onto the utility for an unspecified amount of time. Unused capacity in the system would cost the utility more in terms of maintenance or premature replacement costs. Having sewer lines designed and built for optimum build -out but presently underutilized due to limited demand can cause flows to stagnate, build- up of solids, blockages due to hardening of material deposits and unwanted methane or decomposition gases in partially full lines. Such gases wreak havoc on associated parts and pieces of a centralized system due to their corrosive nature. The sustainability of a project such as this depends on the number of connections achieved after the centralized sewer has been installed. Out of 61 parcels in the Phase 1 area, 38 parcels have structures currently served by on-site treatment and disposal systems (OSTDS), otherwise known as septic tanks. The 38 parcels would need to connect to the proposed centralized system in order to .realize the approximate annual elimination of 2,190 pounds of Total Nitrogen (TN) and 365 pounds of Total Phosphorous (TP). Presently, if their tanks fail or need repair, a Florida Department of Health (FDOH) permit is required. A FDOH permit is issued if no such centralized system is in place. However, should the project be built, any future septic tank failures along US Highway 1 within the project area could be required to connect in concert with the following local and state laws: IRC Ordinance Section 201.03 — Connection with Sewer System required. "The owner of each lot or parcel of land within the county shall cause the plumbing of any building, mobile home, or trailer thereon to be Page 5 of 8 P138 connected with the public sewer facilities of the sewer system of the county or franchised private utility system upon approval of the department, and use such facilities within sixty (60) days following notification to do so by the department. All such connections shall be made in accordance with the rules and regulations which shall be adopted from time to time by the county. No connection of existing structures will be required to be made unless capacity is available." The BCC should consider whether this ordinance applies to those parcels that have an active and working septic tank, yet would be able to connect to a newly constructed centralized system. The COS has the following: COS Ordinance Section 102.33 -Connection required. 'The owner of improved real property wherein either sewer collection service or water distribution service, or both services, becomes available, shall cause the connections of such available services to the improvements on the premises within 30 days of receipt of notification that the utility has installed the necessary meters. The city council may extend this 30 -day period for good cause upon written request by the owner." According to Florida Statutes Title XXIX, Chapter 381.00655: (1)(a) The owner of a properly functioning onsite sewage treatment and disposal system, excluding an approved onsite graywater system, must connect the system or the building's plumbing to an available publicly owned or investor-owned sewerage system within 365 days after written notification by the owner of the publicly owned or investor-owned sewerage system that the system is available for connection. Note: There are some exceptions to this connection requirement under 381.0655 (2)(a -c). See Attachment 3 for the statute language. This policy would be a new approach in dealing with existing structures from what has been practiced in the past. The upside to the new approach would be a policy that could allow a utility to thoughtfully prepare projects, pursue additional grants and more realistically budget a project based on a set of known variables in order to determine costs, financing options and funding solutions. The down side of a new approach will be those property owners that do not have the financial wherewithal to pay for these improvements, or the perception that their local government is forcing restrictive obligations onto them. FINANCING: Currently, any utility assessment project can be financed at a 5% annual interest rate. This rate is set by the BCC each January. Staff would propose two options for Board consideration: 1) a reduction of the annual interest rate and 2) a sliding scale cost subsidy. The annual interest rate of 5% for assessment projects has been in place for several years and was reduced during the great recession time period. The reduction was to assist property owners who may have been affected by the economic downturn. An additional reduction for just the Phase 1 S2S project from a 5% to a 2% annual interest rate is proposed so that borrowing costs to the property owners is as low as possible while still allowing the utility to cover nominal administrative and financial service costs needed to service these loans. For comparative purposes, staff looked at the State of Florida revolving fund program. A State Revolving Fund (SRF) is a fund administered by a U.S. state for the purpose of providing low-interest loans for investments 'in water and sanitation infrastructure (e.g., sewage treatment, stormwater management facilities, drinking water treatment), as well as for the implementation of nonpoint source pollution control and estuary protection projects. SRF receives its initial capital from federal grants and state contributions. The current rate is just below 2%, therefore an interest rate of 2% was utilized in the calculations. The sliding scale impact free cost subsidy could be used to help entice property owners to connect sooner. Such a program may take place over a five-year period. Below is a hypothetical scenario whereby all of the subsidy funds would be available to qualified property owners in the first year. As time goes by, funding Page 6 of 8 P139 availability is reduced by 20% for each and every year thereafter. If an owner does not connect within year 5, all the subsidized costs are no longer applicable. Year Subsidized Cost Impact fee paid by IRC Impact fee/Property Owner Responsibility 1 100% $2,796.00 $ 0.00 2 80% $2,236.80 $ 559.20 3 60% $1,677.60 $1,118.40 4 40% $1,118.40 $1,677.60 5 20% $ 559.20 $2,236.80 6 0% $ 0.00 $2,796.00 Funds for this project are derived from utility assessment funds and optional sales tax contributions. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. RECOMMENDATION: For the Commercial Area Phase 1 Septic to Sewer (S2S) project to move ahead, the following options should be considered for review and approval: 1. Approve the county's funding mechanism. Allocate the necessary dollars to reduce the construction and connection costs as much as possible for property owners. Construction Cost Fundine Description Account Number Amount Utility Assessment Fund (473) (20%) 473-169000-15501 $393,479 Optional Sales Tax Contribution (20•1/o) 31526836-066510-15501 $393,479 Property Owner Assessment (27%) Assessment $531,197 Choose one of the following: Impact Fee Funding- Option A Description Account Number Amount Optional Sales Tax Contribution (75%) 31526836-066510-15501 $314,550 Property Owner -IRC (25%) Assessment $104,850 Or Impact Fee Funding- Option B Description Account Number Amount Optional Sales Tax Contribution (100%) 31526836-066510-15501 $419,400 Property Owner -IRC (0%) N/A $0 2. Begin implementation of a Phase 1 septic to sewer assessment project for the construction costs for all properties both inside the City of Sebastian and unincorporated county. o Direct staff to follow assessment procedures for notifying benefitting property owners, preparation of assessment roll and the necessary resolutions. o Hold necessary public meetings for property owners and interested parties Page 7 of 8 P140 3. Approve a special, lower interest rate (2% APR) for the Commercial Phase 1 S2S project area. 4. Direct staff to :finalize bid package and go out for competitive bids. 5. Formalize a connection policy for existing structures within the North County Phase 1 S2S area. ATTACHMENT(s): 1. Examples of Alternative Financing Options 2. Phase 1 Septic to Sewer Map 3. Preliminary Assessment Roll 4. SJRWMD Cost Share Grant S. Florida Statutes 381.00655 6. Draft of Projected Revenues Page 8 of 8 P141 EXAMPLES OF ALTERNATIVE FINANCING OPTIONS Connection is made within the 1st year of service availability: Construction Cost & Impact Fee Subsidized Assessment per ERU Impact Fee Cost Total Cost Cost per ERU Monthly Payment per ERU $2,329.81 $21.44 $0:00 $0.00 $21329.81 $21.44 Financing Assumptions: Assessments = 2% Interest Rate for 10 Years; Impact Fee Cost = 2% Interest Rate for 10 Years. Connection is not made within the 1st year of service availability: Construction Cost & Impact Fee will not be subsidized Assessment per ERU Impact Fee Cost Total Cost Cost per ERU Monthly Payment per ERU $8,628.92 $91.52 $2,796.00 $29.66 $11,424.92 $121.18 Financing Assumptions: Assessments = 5% Interest Rate for 10 Years; Impact Fee Cost = 5% Interest Rate for 10 Years. EE INDIAN RIVER COUNTY • bb s Legend j ! CityofSebastian PARCELS 1000 Q 2700 PROPUSE_CD 1100 2800 0000 ® 1200 O 4900 -�i •• •moi O 1700 7600 ���� .- ! < 0417 O 2100 0 8701 0419 2300 0 8900 y`a 0800 2500 ® 8901 INDIAN RIVER COUNTY N DEPARTMENT OF UTILITY SERVICES NORTH SEBASTIAN SEWER PARCELS LOCATION MAP Legend j ! CityofSebastian PARCELS 1000 Q 2700 PROPUSE_CD 1100 2800 0000 ® 1200 O 4900 0100 O 1700 7600 0200 1900 O 7700 0417 O 2100 0 8701 0419 2300 0 8900 y`a 0800 2500 ® 8901 fl" P143 MNp01D Parcel ID I 'SITE_ADDR I Square �UnerFootagelEstlmatedl IRC Estimated I COST PER PARCEL DOR DESC SF Lf ERU 1 30382100001999900029.01 1614 US HIGHWAY 1 13599.94 233.00 5 2 $2,333.15 $10,331.29 $4,660 Stores (I Story) 2 30383000002001000004.11 1620 N CENTRAL AV 14777.41 75.00 1 1 $2;535.15 $3,325.52 $2,330 Multi-Family (2-9 Unit Buildings) 3 30382100001999900028.01 US HIGHWAY 1 8792.42 100.00 2 i $1,508.39 $4,434.03 $2,330 Vacant Commercial Land 4 30383060002001000004.0 1624 N CENTRAL AV 14743.41 75.00 1 1 $2,529.32 $3,325.52 $2,330 Stores'(lStory) S 30382100001999900027.0 US HIGHWAY 1 5074.25 50.00 1 $870.52 $2,217.01 $2,330 Vacant Commercial Land 6 30383000002001000002.0 1632 N CENTRAL AV 27745.17 100.00 1 1 $4,759.85 $4,434.03 $2,330 Vacant Commercial Land 7 30382300D01999900026.0 1640 US HIGHWAY 1 17958.73 150.00 2 2 $3,080.93 $6,651.04 $4,660 Vacant Commercial Land 8 30383000D02001000011.0 1637 INDIAN RIVER DR 52025.65 100.00 1 $8,925.32 $4,434.03 $2,330 Single Famil -Im roved 9 30382100001999900025.0 US HIGHWAY 1 6911.64 50.00 1 $3,185.73 $2;217.01 $2,330 Vacant Commercial Land 10 30382100001999900024.0 US HIGHWAY 1 7398AS 50.00 1 $1,269.25 $2,217.01 $2,330 Vacant Commercial Land 11 30382100D01999900014.0 1644 N CENTRAL AV 86782.65 238.00 6 $14,888.09 $10,552.99 $13,979 Single Family-Improved 12 30382100001999900022.0 1623 N CENTRAL AV 92389.41 475.00 2 1 $15,849.97 $21,061.63 $2,330 Mortuaries/ Cemeteries Crematoriums 13 30382100001999900D13.0 1654 N CENTRAL AV 42280.21 170.00 2 1 ,$7,253.43 $7,537.85 $2,330 lVacant Commercial Land 14 30382100001999900012.0 1662 N CENTRAL AV 1416537 103.00 1 1 $2,430.16 $4,567.05 $2,330 Single Famil -Im roved 15 303821000019999011021.0 1676 USMIGHWAY 1 48297.95 190.00 1 1 $8,285.81 $8,424.65 $2,330 Offices; Non-Professional, One 16 30382100D01999900020.0 1683 N CENTRAL AV 13939.07 140.00 1 _ 1 $2,391.33 $6,207.64 $2,330 Single Family-Improved 17 30382100001999900011.1 •N CENTRAL AV 74911.42 174.00 4 $12,851.51 $7,715.21 $9;319 Open Storage, Etc. 18 30382100D01999900D18.0 1697 N CENTRAL AV 15571.43 154.00 1 3 $2,671.37 $6,828.40 $2,330 Single Family-Improved 19 30382100601999900D11.0 1698 N CENTRAL AV 38680.73 184.00 2 2 $6,635.92 $8,158.61 $4,66D Auto Sales/Auto Service/Auto Rental/Car Wash 20 30383000001004000011.0 DAVIS ST 15103.66 116.00 2 2 $2,591.13 $5,143.47 $4,660 Vacant Commercial Land 21 30383000001004000014.0 "DAVIS ST 7335.79 60.00 1 '1 $1,258.50 $2,660.42 _$2,330 Vacant Commercial Land 1 22 30383000001003000001.0 1715 N CENTRAL" 30278.14 233,00 2 1 $5,194.40 $10,331.29 $2,330 Clubs/ Lodges/ Union Hails O 0 23 30382100D01999900010.0 616 DAVIS ST 18755.53 142.00 1 1 $3,217.63 $6,296.32 $2;330 Single Family-Improved N 24 30393100001000000ODSA 612 DAVIS ST 5662.80 76.00 1 $971.49 $3,369.86 $2,330 Single Family-Improved (ll 2S 30393100001000000004.2 1727 N INDIAN RIVER DR 134804.18 359.00 12 2 $23,126.48 $15,918.16 $4,660 Single Family-Improved CU 26 30383000001004000002.0 1716 US HIGHWAY 1 17586.39 164.00 1 1 $3,017.05 $7,271.81 $2,330 Stores (1 Story) 27 30383000001004000001.0 MADISON S7 5054.00 72.00 1 1 $1,381.71 $3,192.50 $2,330 Vacant Commercial Land N 28 30382100Do19999000D9.0 608 DAVIS ST 156D7.83 291.00 1 $2,677.62 $12,903.02 $2,330 Vacant Commercial Land D 29 30383000001005000011.0 704 MADISON ST 5880.63 50.00 1 - 1 $1,008.86 $2,217.01 $2,330 _ Vacant Commercial Land > 3D 30383000061005000012.0 MADISON 5T 15164.61 127.00 1 2 $2,601.58 $5,631.22 $4,660 Municipal, other than Parks, Recreational Area, Colleges, and Hospitals s. 31 30383000001002000009.0 MADISON ST 6534.00 45.00 1 $1,120.95 $1,995.31 $2,330 Municipal, other than Parks, Recreational Area, Colleges, and Hospitals N Q 30383000003005000003.0 711 JACKSON ST 11317 41 98.00 1 1 $1,941.57 $4,345.35 $2,330 Single Famli -Improved [��3�2 33 30383000001005000001.0 7071ACKSON ST 10040.95 88.00 1 1 $1,722.59 $3,901.94 $2,330 Mixed Use Store, Office with Residential O z 34 30383000D01002000001.0 1805 CENTRAL AV, 24550.32 188.00 2 1 $4,211.76 $8,335.97 $2,330 Municipal, other MRa ,, Recreational Area, Colleges, and Hospitals 35 303931000010000000D3.5 1724 N CENTRAL" 23668.43 81.00 1 '1 $4,060.46 $3,591.56 $2,330 Mobile Homes 36 30383000D01006000000.2 710 JACKSON ST 42916.73150.00 2 1 $7,362.63 $6,651:04 $2,330 laundries, Various Services, etc. 37 30383000001006000000.1 709 JACKSON ST 28512.92 187.00 2 2 $4,891.57 $8,291.63 $4,660 Multi-Family (2-9 Unit Buildings) 38 39 _ 40 30383000D01001000D01.0 3038300DD09000000000.1 30393300003000000D02.9 698 JACKSON ST 1921 N CENTRAL AV N CENTRAL AV 16843.10 0.00 0.00 140.00 0.00 0.00 1 1 _$_2,889.54 $6,207.64 $2,330 Single Family-Improved Municipal Mortuary, Cemetery State-TIITF Only lands 42 30382300001000000025.1 12900 US HIGHWAY 1 61965AS 199.00 1 2 $10,630.55 $8,823.72 $4,660 Municipal, other than Parks, Recreational Area, Colleges, and Hospitals 45 303830D0030000000D00.0 78947AS 326.00 6 5 $13,543.92 $14,45453 $11,649 Office Condominium 46 30382100D01000000D23.0 '13020 USHIGHWAYI 33506.76 161.00 2 6 $5,748.29 $7,138.79 $13,979 Auto Sales/Auto Service Auto Rental / Car Wash 47 30382100001000000022.0 13050 US HIGHWAY 1 31974.81 169.00 2 2 $5,485.47 $7,493.51 $4,660 Professional Services 48 30383000011000000000.0 25399.59 149.00 2 2 $4,357.46 $6,606.70 $4,660 Office Condominium 49 30382300001000000D21.1 13070 US HIGHWAY 1 44179.04 317.00 1 3 $7,579.19 $14,055.87 $6,989 Vacant Commercial Land 50 30362100001000000020.2 13090 US HIGHWAY 1 31581.05 317.00 1 2 $5,417.92 $14,055.87 1$4,660 Professional Services 51 30382300001000000019.0 13100 US HIGHWAY 1 42517.35 354.00 1 3 $7,294.11 '$15,696.46 $6,989 Professional Services 1384734.27 7470.00 70.00 78.00 $237,559:64• $331221.90 $18W25.14, 43 30382100D03000000D25.0 12920 US HIGHWAY 1 34010.12 118.00 2 2 $5,834.64 $5,232.15 $4,660 Professional services 44 303821000030000D0024.0 12950 US HIGHWAY 1 40707.46 150.00 5 3 $6,983.61 $6,651.04 $6,989 Vacant Commercial Land C 2 52 30383600004001000001.0 13230 US HIGHWAY 1 26256.81 261.00 1 1 $4,504.52 $11,572.81 $2,330 Professional Services 2 53 3038360000600DOD0000.0 67130.76 309.00 9 9 $11,516.69 $13,701.15 $20,968 Office Condominium 54 30382500000004100002.0 13350 US HIGHWAYS 722811.60 1277.00 100 75 $124,002.75 $56,622.54 $174,736 Vacant Commercial Land 55 30382500000005000005.0 13480 US HIGHWAY 1 192120.63 211.00 30 20 $32,959.47 $9,355.80 $46,596 Vacant Commercial lend O 56 30382500000002000003.3 13700 US HIGHWAY 1 217438.28 482.00 40 22 $37,302.87 $21,372.02 $51,256 Vacant Commercial Land ��°I 57 303825000000020D0003.2 13800 US HIGHWAY 1 87238.44 258.00 2 2 $14,966.29 $11,439.79 $4,660 Banks /Savings and Loan Assoc. / Mortgage Co. / Credit Services r it 58 30382500017000000000.0 76498.32 307.00 10 _ d $13,123.76 $13,612.47 $9,319 'Office Condominium n A O 59 30382500000002000003.1 14000 US HIGHWAY 1 65461.11 399.00 17 4 $11,230.25 $17,691.77 $9,319 Stores (1 Story) y 60 303825000120000D0000.0 83683.93 411.00 12 4 $14,356.49 $18,223.86 $9,319 Medical Condominium 61 3038250000000200D002.1 _ 14410 US HIGHWAY 1 _ 98251.14 1.711,608.58 r 13096342.85 327.00 _ _4,510.000 y11980.00 4 232_00 302.00 4 _ 151100 228.00 $16,855.58 $14,499.27 $9,319 $293,636-93 $199,974.67 _$349,471.3 _' $531,196.57 � $531,196.57 1 $531,196.57 Professional Services V _ Red: IRC Estimations Yellow: Not accounted in the ERU, SF or LF calculations Green: Util Viewer shows connected to sewer, but not sure how Blue: This parcel can get connection from [RD Preliminary Assessment Roil P144 Contract #28771 COST -SHARE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER'COUNTY THIS AGREEMENT ("Agreement") is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District"), whose address is 4049 Reid Street, Palatka, Florida 32177, and INDIAN RIVER COUNTY ("Recipient"),180127x' Street, Building A, Vero Beach, Florida 32960-3308. All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. RECITALS The waters of the state of Florida are among its basic resources, and it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and ground water. Pursuant to chapter 373, Fla. Stat., the District is responsible for the management of the water resources within its geographical area. The District 2016-2017 cost -share funding program is designed to fund the construction of local stormwater management and alternative water supply projects as well as conservation implementation projects. Its goals are to contribute to: 1) reduction in water demand through indoor and outdoor conservation measures; 2) development of alternative or non-traditional water supply sources; such as reclaimed water, surface water, or seawater; 3) water quality improvements (for example, nutrient -loading reduction in springsheds or other surface -water systems); and 4) water resource development opportunities (for instance, increasing available source water through expansion or development of surface -water storage). The current cost -share funding program also recognizes the importance of providing funding opportunities for construction of flood protection and natural -systems restoration projects, which are important components of the District's core mission focus. The District has determined that providing cost -share funding to Recipient for the purposes provided for herein will benefit the water resources and one or more of the District's missions and initiatives. At its June 2016 meeting, the Governing Board selected Recipient's proposal for cost -share funding. The parties have agreed to jointly fund the following project in accordance with the funding formula further described in the Statement of Work, Attachment A (hereafter the "Project"): North Sebastian Phase i Septic to Sewer Project In consideration of the above recitals, and the funding assistance described below, Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all of the following documents: (1) Agreement, (2) Attachment A - Statement of Work; and (3) all other attachments, if any. The parties hereby agree to the following terms and conditions. Page I of 14 P145 Contract #28771 1. TERM,- WITHDRAWAL OF OFFER. (a) The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until June 30, 2018 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Time is of the essence for every aspect of this Agreement, including any time extensions. Any request for an extension of time beyond the Completion Date must be made in writing before April 1, 2018. Timely requests to extend, for longer than six months, the Completion Date of the Agreement for projects whose District contribution exceeds $100,000 may only be approved by the District's Governing Board. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date, for example, delivery of a final report, will remain in full force and effect after the Completion Date as necessary to affect performance. (b) This Agreement constitutes an offer until authorized, signed and returned to the District by Recipient. This offer terminates forty-five (45) days after receipt by Recipient; provided, however, that Recipient may submit a written request for extension of this time limit to the District's Project Manager, stating the reason(s) therefor. Request for extension of time after the forty-five (45) days will be denied. The Project Manager shall notify Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be deemed modified accordingly without any further action by the parties. (c) If the construction, which is eligible for District reimbursement, does not begin before June 30, 2017, or if the first invoice for non -construction projects is not submitted by lune 30, 2017, the cost -share agreement will be subject to termination and the funds subject to reallocation. 2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The District's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the District will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the District arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the District does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT OF FUNDING. (a) For satisfactory completion of the Project, the District shall pay Recipient thirty-three percent (33%) of the total construction cost of the Project, but in no event shall the District cost -share exceed $649,240.35. The District cost -share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure Page 2 of 14 P146 Contract #2877.1 completion of the Project. Recipient shall notify the District's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (b) "Construction cost" is defined to include actual costs of constructing 'Project facilities, including construction management. Land acquisition, engineering design, and permitting costs are excluded. Construction cost does not include any costs incurred prior to the Effective Date, unless expressly authorized by the Statement of Work. Costs that are excluded will not be credited toward Recipient's cost -share. (c) Cooperative funding shall not be provided for expenses incurred after the Completion Date. 5. PAYMENT OF INVOICES. (a) Recipient shall submit itemized invoices as per the Statement of Work, Attachment A for reimbursable expenses by one of the following two methods: (1) by mail to the St. Johns River Water Management District, Finance Director, 4049 Reid Street, Palatka, Florida 32177, or (2) by e-mail to acctpay@sjrwmd.com. The invoices shall be submitted in detail sufficient for proper pre -audit and post -audit review. Invoices shall include a copy of contractor and supplier invoices to Recipient and proof of payment. Recipient shall be reimbursed for thirty-three percent (33%) of approved cost or the not -to -exceed sum of $649,240.35, whichever is less. The District shall not withhold any retainage from this reimbursement. District reimbursement is subject to annual budgetary limitation, if applicable, as provided in subsection (g). If necessary for audit purposes, Recipient shall provide additional supporting information as required to document invoices. (b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30. Irrespective of the invoicing frequency, the District is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall submit, prior to October 30, a description of the additional work on the Project completed between the last invoice and September 30, and an estimate of the additional amount due as of September 30 for such Work. If there have been no prior invoices, Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than forty-five (45) days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the District's fiscal year (September 30), the final invoice must be submitted no later than thirty (30) days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of ten percent (10%) of the invoice. This penalty may be waived by the District, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Recipient must request approval for delayed submittal of the final invoice not later than ten (10) days prior to the due date and state the basis for the delay. Page 3 of 14 P147 Contract #28771 (d) All invoices shall include the following information: (1) District contract number; (2) Recipient's name, address, and authorization to directly deposit payment into Recipient's account (if Recipient has not yet provided the District with a completed Direct Deposit Authorization form; (3) Recipient's invoice number and date of invoice; (4) District Project Manager; (5) Recipient's Project Manager; (6) supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Statement of Work); (7) Progress Report (if required); (8) Diversity Report (if otherwise required herein). Invoices that do not correspond with this paragraph shall be returned without action within twenty (20) business days of receipt, stating the basis for rejection. Payments shall be made within forty-five (45) days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost of providing the service that is borne by Recipient and are only compensable when specifically approved by the District as an authorized District traveler. In such instance, travel expenses must be submitted on District or State of Florida travel forms and shall be paid pursuant to District Administrative Directive 2000-02. (f) Payments withheld. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the District from loss as a result of: (1) defective work not remedied; (2) failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. (g) Annual budgetary limitation. For multi -fiscal year agreements, the District must budget the amount of funds that will be expended during each fiscal year as accurately as possible. The Statement of Work, Attachment A, includes the parties' current schedule for completion of the Work and projection of expenditures on a fiscal year basis (October 1— September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the District's Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the Work without increasing the Total Compensation. The last date for the District to receive this request is August 1 of the then -current fiscal year. The District may in its sole discretion prepare a District Supplemental Instruction Form incorporating the revised work schedule and Annual Spending Plan during the then -current fiscal year or subsequent fiscal year(s). 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees and agents. Recipient accepts all risks arising from construction or operation of the Project. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. If Florida Department of Environmental Protection ("FDEP") funds will be used to fund all or a portion of the Agreement, Page 4 of 14 P148 Contract #28771 additional FDEP insurance requirements applicable to the Recipient are included in the Insurance attachment to the Agreement. 7. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each "succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Recipient and this Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice, or within such additional time as the District may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. 8. 9. PROJECT MANAGEMENT. .(a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three (3) business days prior written notice.to the other parry. Written notice of change of address shall be provided within five (5) business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; or (4) e-mail. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one (1) business day after having been deposited with the courier. Notices via e-mail are deemed delivered on the date transmitted and received. DISTRICT Melisa Diolosa Project Manager St. Johns River Water Management District 525 Community College Parkway, S.E. Palm Bay, Florida 32909 321-676-6622 E-mail: mdiolosa@sjrwmd.com RECIPIENT Arjuna Weragoda Project Manager Indian River County 180127"' Street Vero Beach, Florida 32960 772-226-1821 E-mail: aweragoda@ircgov.com (b) The District's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Project. The District's Project Manager may issue a District Supplemental Instruction (DSI) form, Attachment C, to authorize minor changes in the Project that the parties agree are not inconsistent with the purpose of the Project, do not affect the District cost -share, Completion Date, or otherwise significantly modify the terms of the Agreement. PROGRESS REPORTS AND PERFORMANCE MONITORING. (a) Progress Reports. Recipient shall provide to the District quarterly Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Page 5 of 14 P149 Contract #28771 Recipient shall use the District's Project Progress Report form, Attachment B. Recipient shall submit the Project Progress Reports to the District's Project Manager and District's Budget Coordinator within thirty (30) days after the closing date of each calendar quarter (March 31, June 30, September 30 and December 31). (b) Performance Monitoring. For as long as the Project is operational, the District shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the District any data that is requested pertaining to performance of the Project. 10. FAILURE TO COMPLETE PROJECT. (a) Should Recipient fail to complete the Project, Recipient shall refund to the District all of the funds provided to Recipient pursuant to this Agreement. However, the District, in its sole judgment and discretion, may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient's control, or due to a good faith determination that the Project is no longer environmentally or economically feasible. In such event, the District may excuse Recipient from the obligation to return funds provided hereunder. If the 'Project has not been completed within thirty (30) days after the Completion Date, Recipient shall provide the District with notice regarding its intention as to completion of the Project. The parties shall discuss the status of the Project and may mutually agree to revise the time for Project completion or the scope of the Project. Failure to complete the Project within ninety (90) days after the Completion Date shall be deemed to constitute failure to complete the Project for the purposes of this provision. (b) In the event the Project constitutes a portion of the total functional project, this paragraph shall apply in the event the total functional project is not completed. In such event, the 90 - day timeframe provided herein shall commence upon the date scheduled for completion of the total functional project at the time of execution of this Agreement, unless extended by mutual agreement of the parties. Paragraphs 10(a) and 10(b) shall survive the termination or expiration of this Agreement. 11. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the District may provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have thirty (30) days following receipt of the notice to cure the breach. If Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice terminating this Agreement without further notice. In such event, Recipient shall refund to the District all funds provided to Recipient pursuant to this Agreement within thirty (30) days of such termination. The District may also terminate this Agreement upon ten (10) days written notice in the event of any material misrepresentations in the Project Proposal. Delay or failure by the District to enforce any right, remedy or deadline hereunder shall not impair, or be deemed a waiver of, any such right, remedy or deadline, or impair the District's rights or remedies for any subsequent breach or continued breach of this Agreement. Page 6 of 14 P150 Contract #28771 ADDITIONAL PROVISIONS (Alphabetical) 12. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the District's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the District and any of Recipient's contractors or subcontractors. 13. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS. (a) Maintenance of Records. Recipient shall maintain its 'books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all reports submitted to the District, and copies of all invoices and supporting documentation for at least five (5) years after expiration of this Agreement. In accordance with generally accepted governmental auditing standards, the District shall have acpess to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is completed and all questions are resolved. Recipient will provide proper facilities for access to and inspection of all required records. (b) Repayment of Funds. District funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the District finds any of the following: (1) Recipient has spent funds for purposes other than as provided for herein; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds from the District for the same purpose; (4) Recipient has been advanced or paid unobligated funds; (5) Recipient has been paid funds in excess of the amount Recipient is entitled to receive under the Agreement; and/or (6) Recipient has received more than one hundred percent (100%) contributions through cumulative public agency cost -share funding. 14. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. 15. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the District's Project Manager no later than ten (10) business days after the precipitating event. If not resolved by the Project Manager, the .Project Manager shall forward the request to the District's Office of General Counsel, which shall issue a written decision within ten (10) business days of receipt. This determination shall constitute final action of the District and shall then be subject to judicial review upon completion of the Project. 16. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the performance of all cost-sharing agreements, and encourages Recipient to make a good faith effort to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as contractors. The District will assist Recipient by sharing information on W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company names for all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing period. The report will also denote if there were no W/MBE expenditures. Page 7 of 14 P151 Contract #28771 17. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. M the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Orange County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 18. INDEPENDENT CONTRACTORS. The parties to this Agreement, their employees and agents, are independent contractors and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractors during and after the term of this Agreement. Recipient is not a contractor of the District. The District is providing cost -share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. 'Recipient is solely responsible for compliance with all labor, health care, and tax laws pertaining to Recipient, its officers, agents, and employees. 19. CONFLICTING INTEREST IN RECIPIENT. Recipient certifies that no officer, agent, or employee of the District has any material interest, as defined in section 112.312, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 20. NON -LOBBYING. Pursuant to section 216.347, Fla. Stat., as amended, Recipient agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 21. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. Recipient shall obtain any and all governmental,permits necessary to implement the Project. Any activity not properly permitted priorto implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost -share funding. 22. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 23. PUBLIC RECORDS. Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the District's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to Page 8 of 14 P152 Contract #28771 allow public access to all documents, papers, letters, or other materials related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. 24. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary'for performance of the'Project and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss to the extent allowed by Florida law. IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, and Recipient has caused this Agreement to be executed on the day and yearwritten below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding_ any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Bv: Ann B. Shortelle, Ph.D., Executive Director (or designee) Date: ONLY AS TO FORM AND LEGALITY William Abrams, Sr. Assistant General Counsel INDIAN RIVER COUNTY By: Chairman Date: Attest: Jeffrey R. Smith Clerk of Court and Comptroller Dylan T. Reingold, County Attorney ATTACHMENTS Attachment A - Statement of Work Attachment B - Project Progress Report Form Attachment C - District Supplemental Instructions Form 2016-17 District Cost -Share Initiative, Last updated: 7-7-16 Page 9 of 14 P153 Contract #28771 ATTACHMENT A - STATEMENT OF WORK INDIAN RIVER COUNTY NORTH SEBASTIAN PHASE 1 SEPTIC TO SEWER INTRODUCTION/BACKGROUND The St. Johns River Water Management District (District) is continuing its Cooperative Cost Share Initiative Program in Fiscal Year (FY) 2016-2017 to develop and implement resource and water supply development projects and promote conservation. On June 14, 2016, the District's Governing Board approved funding for Cooperative Cost Share projects. Each project selected for funding will have a positive benefit to one or more of the District's core missions; including water supply, water quality, natural systems or flood mitigation. The Indian River County (Recipient) requested funding for their North Sebastian'Phase 1 Septic to Sewer for the not to exceed amount of $649,240.35 towards the estimated construction cost of $1,967,395. This request was approved by the Governing Board. The Recipient is located in Indian River County. 11. OBJECTIVES The objective of this contract is to provide cost share dollars that will enable the Recipient to convert approximately 38 existing Onsite Sewage Treatment and Disposal Systems (OSTDS) from septic to sewer and eliminate another potentially 35 OSTDS coming on-line at a future date cif centralized sewer is not made available. The project will potentially eliminate approximately 2,190 lbs. of Total Nitrogen and 365 lbs. of Total Phosphorus annually from entering the Indian River Lagoon. III. SCOPE OF WORK The project is located in north Sebastian along the Indian River Lagoon. The project will construct approximately 6,195 -LF of 10" PVC and 3,995 -LF of 8" PVC gravity sewer to serve 61 parcels primarily zoned commercial with two lift stations. IV. PROJECT ADMINISTRATION AND DELIVERABLES The Recipient shall be responsible for the following: • Complete and obtain final project design, construction plans, and specifications; • Obtain all required permits, including right of access to the project sites, related to project construction and subsequent operation and maintenance of the completed work; • Assure compliance with all permits and permit conditions; • Provide procurement for project construction; • Perform supervision and inspection of construction; • Perform construction contract administration; • Assure compliance with cost accounting practices and procedures required for reimbursement of cost share funds expended. Page 10 of 14 P154 Contract #28771 The Recipient shall provide the following to the District's Project Manager. s Timely invoices for actual construction costs in accordance with this cost share agreement (i.e. quarterly, with appropriate substantiation that demonstrates that the applicant has paid for the total work cost and is seeking reimbursement up to the match amount) to enable proper review by the 'District's Project Manager prior to payment authorization; • Quarterly progress reports identifying project progress to date, key milestones reached, overall project schedule versus time for project completion, key issues to be resolved, project construction photos; quarterly reports shall also be emailed to the District's Budget Coordinator at mlicourt@sjrwmd.com; e Certification of construction completion by a Professional Engineer registered in the state of Florida. The Recipient shall ensure the task in the Task Identification section below is completed. V. TASK IDENTIFICATION AND TIME FRAMES The expiration date of this cost share agreement is June 30, 2018. The projected schedule is as follows: Task Description Anticipated Start Date Anticipated Completion Date Construction of septic to sewer January 2017 February 2018 VI. BUDGET/COST SCHEDULE For satisfactory completion of the Project, the .District shall pay Recipient thirty-three percent (33%) of the total construction cost of the Project, but in no event shall the District's cost -share exceed $649,240.35. it is anticipated that the FY breakdown will be $486,930.51 for FY2016-17 and $162,309.84 for FY2017-18. Recipient shall invoice the District quarterly with appropriate documentation. The District's Project Manager shall provide an invoice template that will be used. Invoices shall include a copy of the contractor's invoices submitted to the Recipient, proof of payment by Recipient, and other required supporting documentation for reimbursement up to match amount. For in-house expenses, Recipient shall provide copies of all receipts for materials and a system report showing documentation of staff time or other proof of staff time expenses for the Project. The final invoice shall be submitted with the final project report. If the total actual cost of this project is less than originally estimated, the District's cost -share amount shall be reduced accordingly. Recipient may invoice more frequently submitting all required documentation and include general status information. Recipient may invoice the District for Project construction work beginning October 1, 2016. The District's Project Manager will also provide a document to the Recipient to be completed showing the spend -down plan for the Project. The spend -down plan should be completed once the Recipient issues the Notice to Proceed to the construction contractor. Recipient shall submit quarterly progress reports to the District's Project Manager and the District's Budget Coordinator within 30 days of the end of quarter for work accomplished during each quarter. The email address for the District's Budget Coordinator is mlicourt@sjrwmd.com. The Recipient shall submit a final project report within 30 days of Final Completion and acceptance by Indian River County detailing the project's accomplishments and any issues resolved during the course of the work. Page 11 of 14 P155 Contract #28771 'Estimated Cost Schedule for Reimbursement per fiscal year (all dollar amounts are approximate and may be reallocated between the construction tasks for the two FYs). FY 16-17 (10/1/2016 = 9/30/20171 FY 17-18 (10/1/2017 — 9/30/20181 Estimated Estimated Task Reimbursement Descri ion Amount Amount Construction of septic to sewer $1,475,547.00 $486,930.51 TOTAL FY 16-17: $1,475,547,00 $486;930.51 FY 17-18 (10/1/2017 — 9/30/20181 Page 12 of 14 P156 'Estimated Estimated Task Reimbursement Description Amount Amount Construction of septic to sewer $491,848.00 $162,309.84 TOTAL FY 17-18: $491,848.00 $162,309.84 Page 12 of 14 P156 ATTACHMENT B St. Johns River Water Management District Date: .Project progress Report month/day/year Report Number. Contract/Project identification Project Name: North Sebastian Phase i Septic to Sewer Project Recipient: 11ndlan River County SIRWMD Contract Num_ ber: 28771 I ISJRWMD Project Manager: Mensa Diolosa Recipient's Project Manager: JArjuaWeragoda Construction Schedule Reporting Period finish Date Start Date (mm/dd/yy): Projected finish Date Beginning bate (mm/dd/ ): Completion (mm/dd/W): I lEnding Date (mm/dd/yy): Budget Duration Total Budget: $ Duration: _ Weems Expended To -date: $ To -date: rDuration Weeks Expended This Period: $ This Period: Weeks Percent Budget Expended: % Duration Expended: % Anticipated Wture Payment Requests: 3 Months a Months . 9 Months 12 Months asign/Permitting Status Tadec1U11Pctnnmjnon_mhtnc cehn fia.A fnr+hie On.. Wam om,[wA ..r IAMM. M.e U. toe....... Task Number Tasks/Milestones/Deliverables Start Date finish Date Percent Complete Projected finish Date Attach an additional page of notes If necessary to explain reasons for lateness or unusual eventsor circumstances. P157 Contract #28771 ATTACHMENT C — DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS # DATE: TO: FROM: , Project Manager CONTRACT/PURCHASE ORDER NUMBER: CONTRACT TITLE: The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work as consistent with the Contract Documents and return to the District's Project Manager. 1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS: DESCRIPTION OF WORKTO BE CHANGED: 3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: Date: District Project Manager Acknowledged: , District Contracts Administrator cc: Contract/Purchasing file Financial Management Page 14 of 14 Date: P158 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: 2016 v F Go The 2o16 Florida Statutes Title XXiX Chapter 381 View Entire Chapter PUBLIC HEALTH PUBLIC HEALTH: GENERAL PROVISIONS 381.00655 Connection of existing onsite sewage treatment and disposal systems to central sewerage system; requirements.— (1)(a) The owner of a properly functioning onsite sewage treatment and disposal system, excluding an approved onsite graywater system, must connect the system or the building's plumbing to an available publicly owned or investor-owned sewerage system within 365 days after written notification by the owner of the publicly owned or investor-owned sewerage system that the system is available for connection. The publicly owned or investor-owned sewerage system must notify the owner of the onsite sewage treatment and disposal system of the availability of the central sewerage system. No less than 1 year prior to the date the sewerage system will become available, the publicly owned or investor-owned sewerage system shall notify the affected owner of the onsite sewage treatment and disposal system of the anticipated availability of the sewerage system and shall also notify the owner that the owner will be required to connect to the sewerage system within 1 year of the actual availability. The owner shalt have the option of prepaying the amortized value of required connection charges in equal monthly installments over a period not to exceed 2 years from the date of the initial notification of anticipated availability. Nothing in this section shall operate to impair contracts or other binding obligations relating to payment schedules in existence as of October 1, 1993. Nothing in this paragraph limits the power of a municipality or county to enforce other laws for the protection of the public health and safety. (b) The owner of an onsite sewage treatment and disposal system that needs repair or modification to function in a sanitary manner or to comply with the requirements of ss. 381.0065-381.0067 or rules adopted under those sections must connect to an available publicly owned or investor-owned sewerage system within 90 days after written notification from the department. In hardship cases, upon request of the owner, the department may approve an extension of not more than 90 days for sewerage connection. The department may approve only one extension. This paragraph does not authorize the owner of the onsite sewage treatment and disposal system to create or maintain a sanitary nuisance. (2) The provisions of subsection (1) or any other provision of law to the contrary notwithstanding: (a) The local governing body of the jurisdiction in which the owner of the onsite sewage treatment and disposal system resides may provide that any connection fee charged under this section by an investor-owned sewerage system may be paid without interest in monthly installments, over a period of time not to exceed 5 years from the date the sewerage system becomes available if it determines that the owner has demonstrated a financial hardship. The tocat governing body shall establish criteria for making this determination which take into account the owner's net worth, income, and financial needs. (b) A publicly owned or investor-owned sewerage system may, with the approval of the department, waive the requirement of mandatory onsite sewage disposal connection if it determines that such connection is not required in the public interest due to public health considerations. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search—String... 12/11/2016 P159 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 (c) A local government or water and sewer district responsible for the operation of a centralized sewer system under s. 153.62 may grant a variance to an owner of a performance-based onsite sewage treatment and disposal system permitted .by the department as long as the onsite system is functioning properly and satisfying the conditions of the operating permit. Nothing in this paragraph shall be construed to require a local government or water and sewer district to issue a variance under any circumstance. Nothing in this paragraph shall be construed as limiting local government authority to enact ordinances under s. 4, chapter 99-395, Laws of Florida. A local government or water and sewer district located in any of the following areas shalt not be required to issue a variance under any circumstance: 1. An area of critical state concern. 2. An area that was designated as an area of critical state concern for at least 20 consecutive years prior to removal of the designation. 3. An area in the South Florida Water Management District west C-11 basin that discharges through the S-9 pump into the Everglades. 4. An area designated by the Lake Okeechobee Protection Act. History.—s. 2, ch. 93-151; s. 5, ch. 2006-252. Copyright ©1995-2016 The Florida Legislature - Privacy Statement - Contact Us http://www.leg.state.fl.us/statuteslindex.cfm?App_mode=Display_Statute&Search_String... 12/11/2016 P160 Draft Projected Revenues Septic to Sewer Phase I Year Capital Impact Sales Cost Fees Revenue Recovery 1 2 $805,336 $75,4921 $11,210 3 $156,096 $75,492 $22,421 4 $156,096 $75,492 $33,631 5 $161,877 $78,288 $49,409 6 $161,877 $78,288 $56,882 7 $104,064 $50,328 $64,356 8 $104,064 $50,328 $71,830 9 $104,064 $50,328 $79,303 10 $104,0641 $50,328 $86,777 11 $109,859 $53,124 $94,666 10 Year Totals $1,967,3951 $637,4881 $570,485 Annual revenue after year 10 is $94,666 Cost Phase 1 $1,967,395 Improved Properties ERU's = 137 Future Development ERU's = 91 Assumptions: Connection to the system will be mandatory Capital Cost Recovery will include grant funding and mandatory Assessment Fees Phase I construction will be completed in Year 1 improved properties will be required to connect within 5 years of completion of the project For illustration purposes, assume 20% of the improved properties in Phase I connect in each year 2-6 Assume all connections are in month 1 of the corresponding year Assume that the Unimproved Properties (future development ERU's) -will be improved and connect in years 7-11 Assume 20% of the unimproved properties connect each year beginning in year 6 Assume all connections are in month 1 of the corresponding year Year 1 includes $649,240 in grant funding. Years 2 includes connection fees and impact fees for 137 ERU's in month 1 Assume that the average monthly consumption is 7,000 gallons per ERU Assume the utility.billing rates remain the same as they are now Costs and projected connections are subject to change *Phase I costs are for sewer collection lines only. Estimated cost does not include engineering, design, bidding, and construction inspections. Other expenses that may be encountered included obtainment of easements, relocation of lines, upsizing of existing collection lines, lift stations, or retrofitting of the N WWTF. P161 Indian River County Utilities Septic to Sewer (S2S) Financial Mechanism Presentation Board of County Commissioners December 20, 2016 Outline • History of Presentations • Financial Options • Recommendations kA—A— 1 Septic to Sewer (S2S) History Date Description 8/8/2013 Board approved WO #6 - Feasibility Study 2/11/2014 Study presented to the IRC Board of Commissioners 2/12/2014 Study presented to City of Sebastian Council 3/19/2014 City Hall Workshop 5/27/2014 Friends of Sebastian River presentation 10/21/2014 Board approved WO #7 - design, permitting 11/23/2016 Financing options to City of Sebastian 12/20/2016 Financing options to IRC Board of Commissioners I(pl-A- Jurisdiction Parcel with No Sewer Service Parcel Count City of Fellsmere No Sewer Service, Built 1983 or After 648 4% No Sewer Service, Built Before 1983 464 City of Sebastian No Sewer Service, Built 1983 or After 6,807 28% No Sewer Service, Built Before 1983 1,577 5% City of Vero Beach No Sewer Service, Built 1983 or After 486 No Sewer Service, Built Before 1983 1,000 County No Sewer Service, Built 1983orAfter 11,419 No Sewer Service, Built Before 1983 7,814 63% Town of Indian River Shores No Sewer Service, Built 1983or After 93 No Sewer Service, Built Before 1983 60 <1% <1% Town of Orchid No Sewer Service, Built 1983 or After 1 Data Sources Indian River County Uti I ity Dept, 2013 City of vero sea ch Uti Iity Dept, 2013 Indian River County Property Appraiser, 2013 I(pl-A- Total 30,369 2 S2S: Commercial Area • Frontage along US 1 • Historically hampered by septic tank restrictions = stagnant growth • Commercial area design 100% complete • Shovel ready • FDEP permits `r • FDOT permits v% • IRC and CoS ROW permits • SJRWMD cost share funding S2S: Commercial Area • 61 parcels • Commercial area • IRC unincorporated • City of Sebastian (yellow) • Community redevelopment area (CRA) (black) �vwr: alvEa wum ....DEDARTMENT OE U1aJTY,6Cav7CE9. ITX SE&19TtAX BCnFN PMKELS IOCAIroU 61AP� rmmm- =-M- C3 VM= 0=1 PZ" 2 -VM= tM-- IV 1to) —A-3 SJRWMD Cost Share Funding • Awarded by SJRWMD Board 6/14/2016 • Signed by BCC 10/04/2016 • Up to 33% of construction cost • Grant payable up to maximum $649,240.35 • Total project cost by engineer estimated to be $2,125,000.00 • 21 month grant time period from October 2016 • Other funding sources needed NORTH SEBASTIAN PHASE I - SEPTIC TO SEWER Commercial Area Project'Specifics Unincorporated City, of Total, Comments County. Sebastian Total Number of Parcels = 61 19' 42 Total Number of. Potential ERUs = 228 150 78. Total Square Footage (ft2+= 3096343 1711609; 1384739. Total Linear Footage of sewer,.main (LF) = 11980, 4510 7470 Average Share Combining,ERU, SF, & LF = 53% 47% Fair Share of the Construction Cost = $1;0,401843 $926,551 Design, permitting& 100%,construction plans_ Funded by Indian River $155;220.00 County -Utilities $.1251=0.00' Funded by Indian River Bidding/Construction Phase Assistance, County -Utilities Phase I, Per Hydraulic Per Square P.er.Linear Construction Cost Share or. Per, ERU Footage Footage (ft2) (LF), Construction 1 $1,967,394.70 $8,628.92 $0.64 $164.22 ILI-A-4 P,hawh Constructiorf; Cost: Per Square Per ERU, Footage, (ft2,), P,er•Linear, Footage (LF)� Construction $1,967,394 70 Construction Cost Breakdown: $8,628.92 $0.64 $164.22 Cost Share Grant (33% of Construction Cost Up to a Max. of $649,240 649,240.00) $2,847.54 $0.2097 $54.19 Utilities (Fund 473) Contribution $393,479 $1,725.78 $0.1271 $32.84 Sales Tax Contribution $393,479 $1,725.78 $0.1271 $32.84 Total Other Sources $1,436,198 $6,299.11 $0.4638 $119.88 :, _- = Assesfinerit;(Owriei);_Portion $531,197.; _ $2,330• $0.1716,,:= 44'34 Impact Fee Breakdown Impact Fee 100% - (228 * $2,796) _ $637,4881 $2,796.00 Per ERU Unincorporated - County COS Less: City of Sebastian: CRA, Lagoon Council Grant & City Match $218,088 $0.00 $2,796.00 Less: Sales Tax Contribution of 75% $314,550 $2,097.00 $0.00 Connection Charges (Owner Portion -25%) $104,850 $699 $0.00 le' - COSTOFIMPA@TrFEESTO;BE-PAID:BY.QWNER _. $699: $0:00 TOTAL COSTuTaBE PAID: BY, OWNER+.PER ERU 3029 2'330b DRAFT: Monthly Costs EXAMPLES OF ALTERNATIVE FINANCING OPTIONS Connection is made within the ist year of service availability: Construction Cost & Impact Fee Subsidized Assessment per ERU Impact Fee Cost Total Cos Cost per ERU Monthly Payment per ERU $2,330 $21.44 $0.00 $0.00 $2,3301 $21.44 Financing Assumptions: Assessments = 2% Interest Rate for 10 Years Connection is not made within the ist year of service availability: Construction Cost & Impact Fee will not be subsidized Assessment per ERU Impact Fee Cost Total Cos Cost per ERU Monthly Payment Per ERU $8,628.92 $91.52 $2,796.00 $29.66 $11,424.92 $121.18 Financing Assumptions: Assessments = 5% Interest Rate for 10 Years; Impact Fee Cost = 5% Interest Rate for 10 Years. Note: Preliminary cost estimates. For Planning purposes only/ subject to change and not a final determination. I to I -A-5 Funding Sources Summary Construction Cost 73% from other sources 27% from Property Owners Impact Fee CoS may cover 100 IRC @ 75%, or 100% tbd Tentative Schedule $2,300/ERU $699/$0/ERU Date_ Description 12/20/2016 BCC approves funding mechanism 12/2016 to 04/2017 Bid project 05/2017 Begin project if a responsive and responsible bidder submits* 05/2018 Finish Project** Summer 2018 Begin to connect property owners * Reversion clause - June 30, 2017 ** Project completed by June 30, 2018 or file for extension before April 1, 2018 / cj i —A— 6 t Cons • Substantial Costs: Financial and Political • Tight timeline for construction • Existing gas and drainage utilities along US Highway 1 frontage Pros • Remove nutrients that are entering ground water • High water table in Sebastian correlates to little or no soil treatment of nutrients • Incentivize connections with subsidy • Infrastructure will provide environmentally sound growth 1U) -A- 7 Good aftemoon, I own a small business herein Sebastian, we have no server, We have a mater disposal/recycling *-stem that requires constant upkeep and supenz ision to ensure a environmentally friendly disposal. Every few years we have to go through a recertification process of our facility, which is not an easy process. I'm sure I'm not the only business that goes through this ex'er;'one uses water. I have been following the sewer feasbiliv� study since it's proposal and have been waiting for its implementation. An) vat's, just wanted to be heard, we need a sewer. Regards, Mike Family, car wash co. , 13020 us Inviy I sebastian fl 32958 Board Consideration 1. S2S Funding Mechanism - Construction Costs Subsidy Description Account Number Amount Utility Assessment Fund (473) (20%) 473-169000-15501 $393,479 Optional Sales Tax Contribution (20%) 31526836-066510-15501 $393,479 Property Owner Assessment (27%) Assessment $531,197 IUl -A-g Board Consideration 1b. S2S Funding Mechanism - Impact Fee or Impact Fee Funding- Option A Description Account Number Amount Optional Sales Tax Contribution (75%) 31526836-066510-15501 $314,550 Property Owner -IRC (25%) Assessment $104,850 Impact Fee Funding- Option B Description Account Number Amount Optional Sales Tax Contribution (100%) 31526836-066510-15501 $419,400 Property Owner -IRC (0%) N/A $0 Board Consideration 2. Begin implementation of a Phase 1 septic to sewer assessment project for the construction costs for all properties both inside the City of Sebastian and unincorporated county. o Direct staff to follow assessment procedures for notifying benefitting property owners, preparation of assessment roll and the necessary resolutions. o Hold necessary public meetings for property owners and interested parties. l (ol-A— 9 Board Consideration 3. Approve special, low interest rate for property owners financing the commercial Phase 1 S2S area. 4. Direct staff to formalize bid package and go out for bid. 5. Formalize connection policy for existing structures. Questions? l u I -A- 10 /a?. G. 02 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: December 9, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: North Sebastian Septic to Sewer — Masteller & Moler Work Order No. 3 DESCRIPTIONS AND CONDITIONS: On August 20, 2013, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 6 with Masteller and Moler, Inc. (M&M) to provide professional services in regard to investigating the feasibility of installing centralized sewer services in the north Sebastian area. On February 11, 2014, the results of the study were presented to the BCC, and they directed staff to present the findings to the City of Sebastian (COS). Staff presented the findings on February 12, 2014 to the COS city council, and a workshop was held at the COS chambers on March 19, 2014. Staff also presented the information to the Friends of Sebastian River on May 27, 2014. On October 21, 2014, the BCC approved Work Order No. 7 with M&M to provide professional services for the design, permitting and preparation of construction plans. The purpose of the subject agenda is to ,request the BCC's guidance and approval of the following item: Approve Work Order No. 3 to provide contract specifications, bid documents, bidding services and construction administration/observation services for the North Sebastian Septic to Sewer, Phase (- Commercial Area. ANALYSIS/ENGINEERING: Staff requested, per the CCNA procurement guidelines, that M&M submit a proposal for bidding and construction phase assistance services for the north Sebastian commercial area of Phase 1. On November 15, 2011, the BCC approved the Continuing Contract Agreement for Professional Services with M&M, and under that contract, M&M submitted Work Order No. 3 to perform the work outlined above. The total negotiated cost, including the bidding and construction phase services, is a lump sum amount of $125,270.00. The estimated construction cost for the commercial area of the Phase 1 centralized sewer system is approximately $1,967,394.70. The work order is separated into three tasks, specifically identified as: Task A — Contract Specifications and Bid Documents Task B — Bidding Services Task C — Construction Administration/Observation Approximately eighty percent (80%) of the total cost is allocated for the proposed work under Task C, which will only be paid if the project moves to construction. Page 1 of 2 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@78052CBF\@BCL@78052CBF.doc P162 FUNDING: Funds for this project are derived from capital funding. Capital fund revenues are generated .from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. Description T Account Number Amount Other Professional Services 1 472469000-15501 $125,270.00 RECOMMENDATION: Staff recommends approval of Work Order No. 3, authorizing the above-mentioned professional services, and requests the BCC authorize the Chairman to execute Work Order No. 3 on their behalf for a lump sum amount of $125,270.00 to Masteller and Moler, Inc. ATTACHMENT(s): Work Order No. 3 and supporting documents (7 Pages) Page 2 of 2 C:\Users\GRANIC-I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@78052CBF\@BCL@78052CBF.doc P163 WORK ORDER NUMBER 3 NORTH COUNTY SEWER SYSTEM — PHASE ONE BIDDING & CONSTRUCTION SERVICES This Work Order Number 3 is entered into as of this day of 201_, pursuant to that certain Continuing Contract Agreement for Professional Services dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1a (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 1b (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1c (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: MASTELLER & MOLER, INC BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: By: E . Mast I er E, Joseph E. Flescher; Chairman Title: President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P164 MM File #1422LH November 8, 2016 NON-EXCLUSIVE PROFESSIONAL ENGINEERING AGREEMENT CONTINUING CONSULTING SERVICES "EXHIBIT 1a" WORK ORDER NO. 3 (Scope of Work) The Indian River County Utilities Department has decided to move forward with bidding and construction of Phase One of the North County Sewer System. A previous Work Order provided for Engineering Services in connection with the design and preparation of construction plans and permitting applications for a gravity sanitary sewer collection and conveyance system to serve commercial areas in the North County and the City of Sebastian known as Study Area Number 1. Masteller & Moler, Inc. has completed this part of the project. The County has been successful in securing grant funding for construction and the County wishes to construct the project. This Work Order provides for Engineering Services necessary for the project's bidding and construction. The estimated construction cost of this project is $ 1.967.394.7o A brief description of the scope of services and deliverables for Work Order No. 3 is provided below: • SCOPE OF SERVICES Task A — Contract Specifications & 'Bid Documents Task A provides for professional engineering services in order to prepare contract specifications and bid documents to be used along with the construction plans to bid and construct the project. Task B — Bidding Services Task B provides engineering services during the project's bidding process generally including the following: 1. Preparation for and attendance at a mandatory pre-bid meeting and preparation of a letter of response to include in an addendum. 2. Research and responses to bidders' questions to be incorporated into written addenda during the bidding process. 3. Review submitted bids, evaluate for correctness and completion, contact references (if applicable), and provide Letter of Findings and Recommendation of Contract Award. Task C — Construction Administration / Observation Task C provides engineering services during the project's construction and completion process generally including the following: Construction Administration /Certifications 1. Upon issuance of the Notice to Proceed, schedule and conduct a pre -construction conference with involved/affected parties and record and maintain minutes of meeting. Exhibit 1— Page 1 P165 Exhibit #1 a (Scope of Work) WORK ORDER No. 3 2 Review/evaluate Contractor's Maintenance of Traffic Plan and critical path schedule. 3. Process (catalog) and review shop drawing and material submittals and provide recommendations to Utilities Dept. 4. Conduct periodic progress meetings (record and maintain meeting minutes). 5. Interpret the project documents. (contract, plans and specifications) to help facilitate the construction activities and to respond to issues raised by the Contractor. • Analyze and address problems that arise (trouble -shoot). • Evaluate value engineering change order proposals and provide recommendations to Utilities Dept. for their direction. • Evaluate change orders and .time extension requests. 6. Review Contractor pay requests and provide recommendations to Utilities Dept. to prevent delays and to facilitate prompt process by the County. • Contractor's pay request will be submitted to the County with appropriate backup and recommendations for payment and/or withholding of payment. 7. Process (catalog) and review RFIs and provide recommendations to Utilities Dept. 8. Coordinate and conduct punchlist procedures beginning with Initial Walkthrough (IW) within five (5) days of Substantial Completion. 9. As -built reviews. 10. Project close-out procedures and Engineer's Certifications as required. Upon satisfaction that items of work have been completed in substantial conformance with the project documents, a construction completion package will be prepared and submitted to the Utilities Dept. The package will. include inspection reports; field survey data provided by the Contractor; testing data provided .by the Contractor; final as -built plans provided by the Contractor; meeting documentation; documentation of field changes; progress and final payment documentation; Contractor RFIs and change order requests; approved change orders; and final project punchlists. Construction Observation & Start -Up 1. Conduct a pre -work walk through to document existing conditions with an emphasis on minimizing interruption of Utilities Dept. operations and vehicular traffic. 2. Observe the Contractor's construction activities and materials incorporated into the work during periodic site visits. • Prepare and maintain written reports of the Contractor's progress and of significant events affecting the work. • Record noteworthy incidents or events with video and/or still photography. 3. Observe and document construction testing activities — including materials testing, utility testing, and other related activities. 4. Observe start-up of pumping systems to verify proper operation Exhibit 1 — Page 2 P166 WORK ORDER NO. 3 "EXHIBIT 9b" (Fee Schedule) Method and Amount of Compensation MM File #14221-1-1 November 8, 2016 Masteller & Moler, Inc. proposes to provide the outlined Scope of Services based on the following fees: Task A. Preparation of Contract Specifications $ 17,400.00 & Bid Documents (Lump Sum Fee) Task B. Services during Project Bidding (Lump Sum Fee) $ 7,925.00 Task C. Project Construction Administration $ 99,945.00 & Observation Services (Not to Exceed Fee - See Attached Estimated Fee Breakdown) Exhibit 1 - Page 3 P167 WORK ORDER NO. 3 "EXHIBIT 1c" (Time Schedule) Time of Performance MM File #1422LH November 8, 2016 The estimated time frame for completion of services from the approval of this Work Order No. 3 is as follows: MILESTONE COMPLETION DATE Tasks A 90 Calendar Days after Notice To Proceed Tasks B & C 412 Calendar Days after receipt of Notice to Proceed Exhibit 1— Page 4 P168 INDIAN RIVER COUNTY NORTH COUNTY SEWER SYSTEM PHASE ONE - BIDDING & CONSTRUCTION SERVICES WORK ORDER NO. 3 ESTIMATED FEE BREAKDOWN FOR TASK C BASED ON 230 WORKING DAYS OR 322 CALENDAR DAYS FYe t 1472 Fee &tekdoxn_761108Aa Exhibit 1 —Page 5 P169 Professional Engineer Project Manager Pro ed Inspector Administration $ 175.00 $ 110.00 . $ 85.00 $ 60.00 Total Costs Hours Amount Hours Amount Hours Amount Hours Amount Pre -Construction 16 $ 2,800.00 10 $ 1,100.00 9 $ 765.00 10 $ 600.00 $ 5,265.00 Meeting Review Critical Path 10 $ 1,750.00 4 $ 440.00 $ - 8 $ 480.00 $ 2,670.00 Maintenance of Traffic Shop Drawings 10 $ 1,750.00 20 $ 2,200.00 $ - 6 $ 360.00 $ 4,310.00 Address Issues 10 $ 1,750.00 $ - $ - 40 $ 2,400.00 $ 4,150.00 Change Orders Periodic Progress 12 $ 2,100.00 $ - 12 $ 1,020.00 12 $ 720.00 $ 3,840.00 Meetings Pay Requests 12 $ 2,100.00 $ - $ - 40 $ 2,400.00 $ 4,500.00 RFI 20 $ 3,500.00 10 $ 1,100.00 $ 10 $ 600.00 $ 5,200.00 Punch List / Walkthru 12 $ 2,100.00 $ - 12 $ 1,020.00 4 $ 240.00 $ 3,360.00 As -Built Review 8 $ 1,400.00 12 $ 1,320.00 $ - 4 $ 240.00 $ 2,960.00 Construction 150 $ 26,250.00 $ - 300 $ 25,500.00 30 $ 1,800.00 $ 53,550.00 Observations Start -Up 8 $ 1,400.00 $ - 16 $ 1,360.00 $ - $ 2,760.00 Project Close-out / 12 $ 2,100.00 20 $ 2,200.00 8 $ ' 680.00 40 $ 2,400.00 $ 7,380.00 Ceitificalions Total (hrs/cost) 280 $ 49,000.00 76 $ 8,360.00 357 $ 30,345.00 204 $ 12,240.00 $ 99,945.00 FYe t 1472 Fee &tekdoxn_761108Aa Exhibit 1 —Page 5 P169 WORK ORDER NO. 3 NORTH COUNTY SEWER SYSTEM PHASE ONE - BIDDING & CONSTRUCTION SERVICES PREPARATION OF SPECIFICATIONS, BID DOCUMENTS AND CONSTRUCTION ADMINISTRATION./ OBSERVATION SERVICES MANHOUR BREAK DOWN 11/812016 NOTE: Task C is a "Not To Exceed" amount and is based on an estimated timeframe of (230) working days or (322) calendar days. According to a reputable utility contractor, the portion of the project along U.S. #1 will require approximately (130) working days to construct due to thelimited construction area and conflicts with existing storm sewer, gas pipeline, and potable water pipeline. This portion of the project will require more time and more frequent on-site engineering visits by the Engineer -of -Record as part of construction observation. File #1422 1422LH menhours_16-1 1 O&Am 4 0 Princi al / PE Project Manager Project Inspector Administration $ 175.00 $ 110.00 $ 85.00 $ 60.00 Total Costs Comments Hours Amount Hours Amount Hours Amount Hours Amount Task A - Contract 72 $ 12,600.00 $ - $ - 80 $ 4,800.00 $ 17,400.00 Specifications & Bid Documents Task B - Bidding 35 $ 6,125.00 $. - $ - 30 $ 1,800.00 $ 7,925.00 Services Task C - Construction 280 $ 49,000.00 76 $ 8,360.00 357 $ 30,345.00 204 $ 12,240.00 $ 99,945.00 Administration / Observation Total (hrs/cost) 387 $ 67,725.00 76 $ 8,360.00 357 $ 30,345.00 314 $ 18,840.00 $ 125,270.00 NOTE: Task C is a "Not To Exceed" amount and is based on an estimated timeframe of (230) working days or (322) calendar days. According to a reputable utility contractor, the portion of the project along U.S. #1 will require approximately (130) working days to construct due to thelimited construction area and conflicts with existing storm sewer, gas pipeline, and potable water pipeline. This portion of the project will require more time and more frequent on-site engineering visits by the Engineer -of -Record as part of construction observation. File #1422 1422LH menhours_16-1 1 O&Am 4 0 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Oce of INDIAN MEMORANDUM Aitorney'.rMatters 12/20/2016 RIVER COUNTY TO: The Board of County Commissioners OV -0 -- FROM: William K. DeBraal, Deputy County Attorney DATE: December 14, 2016 ATTORNEY SUBJECT: Approval of First Amendment to Declaration of Restrictive Covenants for Windsor PD. In 2009, the County and Windsor Properties, (Windsor) with the permission of the Board of Trustees of the Internal Improvement Fund, completed a property exchange where Windsor deeded to the County a 9.287 acre parcel of property located on the north barrier island, between State Road A1A and the Atlantic Ocean, which is now Golden Sands Park. In exchange, the County deeded to Windsor a 9.287 acre parcel of property which was the former site of Golden Sands Park. The exchange made the property received by Windsor contiguous with the Windsor development, thus, physically consolidating Windsor's ownership. As part of the exchange, Windsor constructed a new Golden Sands Park for the County, as the old park had been badly damaged in the hurricanes of 2004 and 2005. Before the exchange could be completed, an amendment to the County's Comprehensive Plan had to be made in order to change the future land use designation and the zoning of the parcels. At the time of the exchange, Windsor had planned to continue construction of large ocean front estates on the 9.287 acres obtained from the County, and subsequently platted it that way but did not sell the lots. A copy of the 2011 plat is attached to this memo as Exhibit A. Even though the underlying zoning on the Windsor property is RS -3, Residential Single Family, up to 3 single family residential units per acre, Windsor voluntarily agreed to limit the density to one unit per acre as outlined in the Declaration of Restrictive Covenants dated December 23, 2008, attached to this memo as Exhibit B. P171 Amendment of Restrictive Covenants Windsor Properties December 14, 2016 Page 2 Six years later, at its meeting of December 8, 2015, Windsor asked the Board to consider a request to redevelop the southern 3.99 acre portion of the property obtained as .part of the exchange. Windsor submitted a proposed PD plan attached as Exhibit C, that would reconfigure two oceanfront lots through the replat process creating a tract for seven "cottage homes" of approximately 4,000 square feet each, thus increasing the overall density on the parcel to 2.26 units per acre. The proposed density is less than the underlying 3 unit per acre zoning density but more than one unit per acre permitted by the Declaration of Restrictive Covenants. The Board gave its conceptual approval of the proposed increase in density (minutes of 12/8/15 meeting attached) and directed Windsor to prepare an amendment to the declaration of restrictive covenants permitting the density change and to have the proposed Planned Development/replat proceed through the process at the same time. Windsor has submitted the First Amendment to Declaration of Restrictive Covenants for Board approval. Staff has reviewed and approved the documents. No other changes to the restrictions are proposed. That PD change will require a public hearing before the Planning and Zoning Commission and the BCC. Funding. There is no expenditure of County funds as a result of this matter. Recommendations. Staff recommends that the Board approve the First Amendment to Declaration of Restrictive Covenants and direct staff to have the proposed PD change/replat scheduled for public hearings before the Planning and Zoning Commission and the Board of County Commissioners at a mutually convenient time. . WKD Attachments: Exhibit A: 2011 plat Exhibit B: Declaration of Restrictive Covenants dated Dec. 23, 2008 Exhibit C: Proposed PD plan First Amendment to Declaration of Restrictive Covenants Minutes of 12/8/15 BCC meeting P172 La m X W WINDSOR BEACHSIDE - PLAT 27 - PHASE II - PD A REPLAT OF OF A PORTION OF OCEAN BLUFF SUBDIVISION,-. PLATBOOK 12, PAGE 54, SECTION 14, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. AND ALSO A PARTIAL REPLAT OF A PORTION OF WINDSOR BEACHSIDE-PLAT 27, PLAT BOOK 26, PAGES 7 AND 8, SECTION 14, TOWNSHIP 31 SOUTH,'RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA AND A PORTION OF SECTION 14, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY. FLORIDA. 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Nx !RFE1RR W 9FAOCL MOAENNTO6ETA(EA'AfrANtlElE1lWlElta(IS WIIIIIAO PALANDQNEj06C BANDED 166.5140SLUU 06 6JFE+uuIEATCON1ALi PoMD6ETARE YAOA11ENiM4FAS40Rt 6rMF(OfI5S6t4 600i nPNa800R64w4AExs6ETARE6CRa�Pm uP01Aw®w464mm ;GMT OOOFMCI ISTAN ANOM0RNRF1ViO01nIY1DPfi0ATAACOI(IFDL IETWOO(NOMA6IRCOSOWTO DAWL 11ME ORAMSECT 1 EDALLLO 9lNES9 07HFM15E aA0A1FD ALL tOT l/Ei NE MOIAA LEGAL DESCRIPTION A 4bOOlFp' VMID LYWGn OWFRI{k7nl0i xE@rgY µTOWNRPP i+SON1L PANE i F/ST.FW W RNA OOfYOY.R01®A 6A0PARM=nAMU%AY6a FT.(?AALJYOE0RLFSA /f� �.'j. .a.nTii:`.; or,��. �;^'�I 1 ! SLA/[• L,i+`;1:°�•.1�+'% l rbc Jf'S'MA Ft19AAED BY.oNPIF.SILaANGNMa ratlEnnW ',. ��avy°" / fuasuavFrOu FREPARATIOI II Sp,N•^ .6 FERTRC BEV6EPS+TRCMATIR6.O CS H. H. F CIE4R OP THE C1RNR�COUIFM IV.FL !2..RREVSEPER84NE ARONEY AEV'.gIlEV6E�DµIWEE.. R; INM•+ WINDSOR BEACHSIDE - PLAT 27 - PHASE II - PD A REPLAT OF OF A. PORTION OF OCEAN BLUFF SUBDIVISION, PLAT BOAC 2-6PLATBOOK 12, PAGE 54, SECTION 14, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, 4PAS JZ i FLORIDA. AND ALSO A PARTIAL REPLAT OF A PORTION OF WINDSOR BEACHSIDE-PLAT 27, PLAT BOOK 26, PAGES 7 AND 8, SECTION 14, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA AND A PORTION OF SECTION 14, DOLYCET NO. 2-166-11 TOWNSHIP 31 SOUTH, RANGE 39 EAST, NEAN NIDI VA m LwE/ Eaosa INDIAN RIVER COUNTY, FLORIDA. WN. .'�°X0 D DQ PIAT THEREOF , AS RECNIOSD W PUT ATLANTIC OCEAN c `REfD�S aI* .A wqa R}F7f"r Yx9F'7le COIPNT, nIFOA JRrJ' 71.A' Y7rAFxP7 78SAf'Gt - - IIF'N J7r 2waldw - EtrA}7Yi--- �� STN~���;.,' �S - `, To71Trw `aoisua�;aora . EUT BOOL 1f, PCT � •, � • • ` � ' _ V 5 i a! /' I'. 7Eop , ; \i,T' �'�'• , ', •, 1 �s� !� •, T J4I,` ''ei cosiK caiaTipcTnB oouumi '' � �� - w � g '� THEREOF. 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PiOE O �WGGIFB FY��RRx1rO LEIS 26.00' fOf'OSTPw PO•IP'DONIIX( - - L -N 16.00' 1P ROODLCfL� AP -V anmrcrrE 7r — NORIN ua a IANOS PEa ox 9000 U17. PAU ir50 AM ACEPU LONIM IRO LAD UM IB OCUXN BMW PAIR DDT 7LATTM ACMEM&MEAYLpT U&AT er MAX a D- LOT 11 Pgt➢dl Fww f}4' CONCREIE � MOMAi7i F, ONAI STAOW IW 110.E OA a) g FlO(JIOUALOP&NREp PIRYAIE OFAfx1ACCE35t8 Y05T COLGIYWNON_ _ ND.RDfawawNwwToaNNrrammwce "t FMO e.I'a -- �iY'u +� a NDOONRTRVOTUK TAEE$MSIUIIs,^U WLLBEPLACEDEAST:IEIRE A1501TNSESI CWIER—,\ - - WUNTYAPRtOYA. SECWN Nal -H •15j fNPRANIED WAUTGRRYBY ANY OINGN WAPHIOEFC10fTALfOlW OF 1NS PIAT. KiVINS•1N)DE NY OKV p�ypT� T 0ON TLODMNDTpTTRWThESBIIENFROA0N0NODOENN1R ERPEIEfnTRCCRTEIOCNORMOFT"COUNT,Y. ¢I$EPROPCFrYOgFAMEPN0{APMN(WNWR BFAN615E �ft"FCRTWEUSECFTHSI CKRVEBYE cI,LcwREp TONESDVE8OMENMMCATEVGWA.00NNWAL0QVAT.ROSE NOaG 11fi FATTPi01I�4' APPU. BUWNN1CMBiRT. CNUN'SE NOK 11MN0E ARD OR/WOEJA1iWNiE, bEG710NK10R!dIP51II r�i ",DDRENrwTa. NESNCTnru oN NrFSEAwTwNSAPFEcroa THE OgRNERGNN ORUSEOFE& ersmWxulaw,FcmE( rJCIf7fAILRRAR.41p1 FTHEFTYSNONCORMOPUTMEFER COUNTY. RENRD BOON f W. PAGE 0.0E THE PIBi.IC RECORDS N)i YCNAN RPA:T COUN(Y. OUN M)NDEDIEL A NOTNS!NO OWlOU,OPCRWT WYL OE IOCUEO FOHOEYELOPYEM Q•ANY FR�URESSAMDIMI MNxTNLANDIW NNCVRRCNCYCERTW"TEFM 04VELOP11Elli OF THE LOT OR iMCT IS OBTNNAEp. u(O7A1N RNET{COVn1Y DOE$ FA AO IIEE TNT AREOIMTC SSOR CHOOSES T9 APKVF THE )LUTA APPLICANT APPLICMOT OR NV VCANrEE000ES50R CHOOSE$ TO N9LY FOR NND OBTMN A CONCA7RRE(NC'f GFATIFYJLTF.' GRAPHIC SCALE m a so �r a� 1 WcR . a' It N of v r, FL Page 1 of 7 1912326 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2317 PG: 2223,. 02/02/2009 11:29 AM L X Prepared by abd rowm to: Name: Bruce D. Bmkett, Esq. Address: Coltins,Brown, Caldwell, Barkan & Garavaglia, Chartered 756 Beachland Blvd. Wro Beach; FL 32963 772/2314343 THIS DECLARATION OF RESTRICTIVE COVENANTS is made by Windsor Properties, a Florida General Partnership, ("Owner"), in favor of Indian River County, Florida, a political subdivision of the State of Florida, ( "County"). WITNESSETH: WHEREAS, Owner holds fee simple title to certain property in the County consisting of 8.93 acnes, more or less, which property is referred to as the property and is legally described in Exhibit "A" attached hereto and made a pact hereof ("Windsor Property"); and ' WHEREAS, the Property is designated L-1 on the County's Land Use Plast, and is designated RS -6 on the County's Zoning Map, which designations permit development of up to six (6) residential units per acre; and WHEREAS, the property is located adjacent to the Golden Sands Park (a County - managed park), and within a high density sea turtle nesting area; and WHEREAS, the Owner is desirous of making a binding commitment to assure that tho Property shall be developed in accordance with the provisions of this Declaration; NOW, THEREFORE, in consideration of the foregoing, the Owner hereby agrees and declares as follows: L Recitals. That the above recitals are true and are incorporated herein by reference. 2. Density_ Restriction, The Owner hereby declares and voluntarily covenants and agrees that the following development restriction shall apply within the Windsor Property: Residential density shall be limited to one (1) dwelling unit per acre. 3.lap�et j� Inns; (s) Access to Beach. One elevated wooden walkway (a maximum of six feet wide clear) may be constructed for each dwelling unit fronting on the Atlantic Ocean beach for access to the beach. Except for construction and dune and beach repair and maintenance, no person is permitted on the dunes, except to access the beach via a walkway. (b) during Turtle N0A ng S fa=. There shall be no construction activities on the Atlantic Ocean beach seaward of the current Coastal Construction Control Line from May I through October 31, except as permitted by the State of Florida for activities to protect the dunes and upland structure on the Property, and on properties to the north and south. (c) Lf titin . Installation of exterior lighting is strongly discouraged, The following requirements shall be complied with on the Property, in addition to the Indian River County Sea Turtle Protection Ordinance: http://ori.indian-river.oTg//I/Document/GetDocumentForPrintPNG/?request=AQA AANC... 10/19/2p 15 1 14, P175 Page 2 of 7 EK: 2317 PG: 222.4 (1)No light source or any reflective surface of the light fixture shall be visible from any point on the beach, illumination of the beach, either through :direct illumination, reflective,illurnination or cumulative illumination is prohibited. (2) No lights are permitted seaward of the Coastal Construction Control Line. No lights are permitted seaward of residences, except as necessary for safety purposes. (3) All exterior lights on ocean front lots shall be of a type utilizing completely shielded downlights, without reflective surfaces. All exterior lights will be installed as low as possible for the intended purpose. (4) High density lighting may be utilized for Highway A 1 A roadway lighting only, and all such lighting shall utilize shielded low pressure sodium lamps or other lighting with similar characteristics, which shall bepositioned, mounted and shielded in a manner such that neither the light source nor reflective surface of the fixture is visible from any point on the beach. The number of such fixtures shall be kept to the minimum necessary. (5) Only low density lighting shall be utilized in interior roadways and parking areas. This lighting shall be set in a base installed as low as possible for the intended purpose, and shall be positioned, mounted and shielded in a manner such that neither the light sources nor reflective ntrface of the fixture is visible from any point on the beach. (6) Parking lots, roadways and driveways shall be designed and positioned such that vehicular headlights do not cast Iight toward or onto the beach, to the extent possible. Landscaping will be utilized to further this objective. (7) All temporary lighting, including but not limited to construction lighting, will meet all requirements of this Declaration from May I through October 31. (d.) Beach Accessories on ]teach during Turtle Nesting SUMMO . No beach accessories or recreation equipment, including but not limited to beach chairs, umbrellas, canopies, surfboards, sailboats, etc. may remain on the beach overnight from May 1 through October 31. 4. Reach Cleanin¢. Owner will not utilize nor contract for mechanical cleaning of the beach from May 1 through October 31. Any cleaning by or behalf of Owner during that period will utilize methods which do not disturb sea turtle nesting or hatching or existing nests. 5. Son Tude Monitoring. Persons permitted by the Florida Fish and Wildlife Conservation Commission to monitor, research, recover and educate as to the sea turtle shall be allowed access along the beach for permitted activities. Owner will cooperate with such persons in their ,permitted activities to the extent possible. 6. Education Owner will annually and throughout the year provide educational materials supplied by the County, the U.S. Fish and Wildlife Service (FWS), the Florida Fish and Wildlife Conservation Commission (FWC) or other appropriate source, to employees, contractors, individual landowners and invitees regarding the importance of sea turtle nesting, nesting dates, prohibited practices necessary to protect the sea turtle, and other relevant educational information. Owner will cooperate with FWS and PWC in sea turtle conservation, protection, research, monitoring and recovery activities, 7. Amendment and Modification. This instrument may be modified, amended or released as to any portion of the Property only by a written instrument executed by the owner of the fee simple title to the Property to be affected by such modification, amendment or release, providing that the same has been approved by the Indian lover County Commission. http://ori.indian-river.org////Document/GetDocumentForPrintPNG/?request=AQAAANC... 10119/?-()) P176 Page 3 of 7 BK: 2317 PG: 2225 8. Term of Covenant. This voluntary covenant on the part of Owner shall run with the land and remain in full force and effect and shall be binding upon Owner, its successors and assigns, for an initial period of -thirty (30) years from the date this instrument is recorded in the Public Records and shall be automatically extended for successive periods of ten (10) years thereafter, unless modified, amended or released prior to the expiration thereof, 9. Inspection and Enforcement. It is understood and agreed that any officer or inspector of the County shall have the right at any time during normal business hours to determine whether the Owner is in compliance with the conditions of the Declaration. The prevailing party in any action or suit to enforce this Declaration shall be entitled to recover costs and reasonable attorney's fees. This enforcement provision shall be in addition to any remedies available under law. 10. Severability. Invalidation of any one of these covenants by judgment of a court of competent jurisdiction shall not affect any of the other provisions of this Declaration, which shall remain in full force and effect. 11. Recording. This Declaration shall be filed of record among the Public Records of Indian River County, Florida at the cost of the Owner and a recorded copy given to the County within thirty (30) days of its recording. 12. Effective Date. If the county approves the application of the Owner for the rezoning of the Property, as set forth above, and after said approval has become final and nonappealable, this instrument shall constitute a covenant running with the title to the Property and be binding upon the Owner, it successors and assigns, IN WITNESS WHEREOF, the undersigned has executed this Declaration on this a3 da f I,%eece.� ri ,'20 O$. WINDSOR PROPERTIES N Panted: A Florida General P ershi ''sr . q .i`.- , fy BY: Torwest Inc. - 4e ral Partn.'x t7�i�tcd ,�s SII. _ _nom AFlon ti Name Printed' a e. 'ec, v BY: Witnesses Mark Iu. is r aident �# "x« a�'y»~ STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this i 3_ day of Llecc , 20_�& by I1iMY- i3 *> cep as President of Torwes% Inc., a Florida corporation, on its behalf, General Partner of Windsor Properties, a Florida general partnership, who is either: I'Apersonally known to me or () produced a I Zvlhcation. ♦V►M N[CHELEAWCARROC©0 T ted: MIA%Df OAtj A►11tUUi�i MYCDMbfl=0N*DDM32 Notary Public, State of Florida at Large NOTAR YZXnAEb.14-14.3me My Commission Expires: ftlo�A 1-Aau1b (IDA 2160501 Fb.d.tWy�Mam'° My Commission No.: tP5a 8.3 -42-- http://ori.indian-river.org////Document/GetDocumentForPrintPNG/?request=AQAAANC... 10/19/2015 P177 Pace 4 of 7 BK: 2317 PG: 2226 ?.\survey\86904.01\dog\TTL: TRANSFER EX 02-09-07:dx9, :on IS, .^C9 _ b:i125AN, :ts:crt�-ne A BASKERVILLE- DONOVAN, INC. LEGAL DESCRIPTION EXHIBIT A f'A11 COORD COORdNATE SYSN-M, EAST ZONE, ,NORTh AIA AW rt>ar: ycr A ,JmF _. OF T083, 1090 AtI=WENT. THE CONTROL Y U1Xf7E0 TO ESTABUSN TMS SURVEY WERE n ENNOVATXYS 2NFRASTRUCTURZ SOLUTIONS Tm ruK= Ra(0WiI1aSOT IP]]M1R'LL . s21rO iaxtkr�-�lu TNtc=cm n9tSlYTSS: td-000asa -7YtASh?• :FANCE: Stun::: 1.5; A parcel of lend lying and being in Section 14, Township 31 South, Range .3C - East. Tallahassee base meridian, Indian River County, Floridc, being more particularly described as follows: Commencing at the southwest corner of Government Lot 2, Section 14, Township 31 South, Range 39 East, Indian River County Florida; Thence, bearing 'North 89'45'10" East, along the south tine of said `Ccvernment iot 2, a distance of 865.92 feet to c point en the easterly Right of Way line of State Road A -1-A, as shown on Florida Department of Transportation Right of way Mop Section No. 88070-2102, dated tO/21/57; Thence, bearing North 24'24'50" West, along said Right of Way line, o distance of 1027.82 feet to the Paint of 'Beginning of the herein described parcel of land; Thence, bearing North 24'24'50" Wost, along sold Right of Wcy fine, o cistonee a, 109.62 'feet to a point; Thence, leaving said Right of Way line of State Road A -1-A, bearing North 89'45'09" East a distance of 573.51 Fee! to a point of the Mean High Woter Line of the Atlantic Ocean: Thence, beoAng South 28'18'47" 'East, along said Mean high Water Line, a .distance of 111.32 feet .to a point; Thence, lenvirt said Ideon FRgh Water Line, bearing South 89'45'C9" West, a distance of 57.55 feet to o point on the aforesaid easterly .Right of Way line o` State Road A -1-A, and the point being the Point of Scginning. The above described parcel of land contains an area of 57,553 square feet' or 1.321 acres, more or less. Subject to any and ail easements and conditions as contained within the chain of title. GENERAL NOTES: I.-'- NO OR MPROVF3IENTS HAVE 6i HEREON ARE BASET dV iriE itIN G LOCATED EXCEPTTHO C %4 BLFJ( LOCATED EXCEPT 11106[ SriOYRI HEALON. COORD COORdNATE SYSN-M, EAST ZONE, ,NORTh AIA AW 2, BASKESiY1LLE-tY.1f10VAANf{, INC. CER71f1CATE OF OF T083, 1090 AtI=WENT. THE CONTROL Y U1Xf7E0 TO ESTABUSN TMS SURVEY WERE n -11112 piATM NVMB,ER'TO PROY.OE SURVEYING SERVICES IS OEPARTMETIT OF TRANSPORTATION AMRENCI L80]+O' 95-78<.AIO HAVNC A COORDNATE'VALUE 01 3._ i5 pRA1r1NC, NDt vALO .M1TM0'JT 'ptE 9CNI,TURE ANO 1,255223;22. AND AN' CASTING CF.e47,a0&: NORUMERi'88-71=A11 HAAiiC A.000ROINAT SM .Cir A FLORIDA RECSTERM SURVEYOR k NORTRinc, 1.251:78)215 ANo.eAS ]NC a4&483/90. ERA LAID VAWES wERE'GavVERTEo 1804 CON(Owrm DATUM As UV aN DtrplAt 4. THE NFORVATTON,USM,FOR THE CREATION pF THIS S1rETCN..WAS'08TiaNEO­FRON•:A BOUNDARY:SURVEY'BY BAS1feRVR.IP.DONDV)A PRMGT:NO B8901Af-'AlID A COUNTY COASTAL CONSINVCTICN 1Rol U AMY 32. PUBUO RECaRasAV Rll 801MDARY. 9MYEY:TfY)0kLEY=N0RN'AND ASSOCIATES. �-\Y`,•' A MZCT Na'Oi7013008 BATED a7+tK-D4 _may_ THE A�aTrrHiR .RVI Lr lI ADW ST f8 PDE`#&Y LME FOR ORtll � — 'I'M 81, r�7 _fitl.`d ncq•�J�1-•k. Oa Yrdrnum • 1 6• a-A�.,.�96en1 •UI�PM•oww aM bngay Fd efpc .4 Ldd. SUdVC4 J''t0 WPPCR LEGEND POC -POINT OF COMM VIEW, F0821W OF BEmNiti, R/W40iT OF WAY PD -PLAT. BOOK PC- PAGE NGYD29- NATIONAL GEODETIC YERTICAL DATUM OF la3Z9 0`iCKsO F' K$ SCkW N/A NOT VALD fi1N0UI Illi SYNAIYRC An TIK OftKAMI fE. PA61 1Ma(cDNSro suwrw MR BY. XS tT. 1 OF 2 00" Mtp://ori. indian-river.org////Document/GetDocumentForPrintPNG/?req uest=AQA.AANC... 10/.19/201 P178 Page 5 of 7 BK: 2317 PG: 2227 P.\vjNey\86901.01\dr9\T(qE RAWER D 10-19-06.dvn, Dee 17. 2008 - it:S7:O8A11, Icsaitbnacr BASKERVILLE- SKETCH PRWECF: es901.0i DONOVAN, INC. N. 0• 5 �;r _ � �. t aR �� _ 6 TO Al N1T CAL ,SCRIPT,,, NOT A SURVEY NOT TO SCALE .na0 SURIEY air. NOT , SURuEY 5� �� n,movATrvl vrrsAstx„crcrr�c abx,vrtorrs WssmeFmmss XrMV °' it Sri 1'Q004-uo Axmnzl i.9080O8t' i1-0A0WN TONNSNF: 7t R.VIGC SO'..�W J9 E.:S7 \ OCEAN BC 12 SUBdu5i0N P& T? Pc ss " NB9'15'09'E 573.51' .. TMEf TN 2w OF TME Noah EXHIBIT A -P, 1L4i iMC " Ia0' Gf COKA44N, �- sot a MCTW ne m+..sm 5� sw01, 67.353 S9 F7 OR 1.32t ACRM-t- � MTM OF TQ MIN 100' OF C01EnNUCNT 40T 1 NOIt711 UNC OF YNC SWM 201f OF W NORTH 000' 6F Cow+NNE" t07 2 SHP45'OY-W 577.55 ooVSRHXENT ZOr 2 LYING EAST OF STATE y s� ROAP A_1-4 ZEES TNl NORTH 400' rtisREor. a S=rJON RAMC$)f� S.P Sl SOUTH, Aa 0 lit r j vp t6 m b � F O S I Q p \+ Y V i i O r s n NXISNAW 00LDBN SANDS D NJ r �� N� ` SUU1H lJNE C014AN 6f t0 2 N69' N LAV --- ._._. RNSWNS 04ECKCO Or. 1S m 9E CKSCPoYNON U E 7z.,Mm TO SCALE f.8. MCQ DPAM 0Y:MT _ sxR: 2 OF 2 NORTH 4� C1T TO http://ori.indian-river.org////Documenf/GetDocumentForPrintPNG, ?request=AQAAANC... 10/19/201 %3a P179 Page ( of 7 BK: 2317 PG: 2229 P,11,salvey\86901.01\drq\TMX TRANSFER EX 10-19-06.0g, Dec 17, 2008 - 12AO:43Pu, AstaffFnga �$}ASKERVII-LE- DONOVAN, INC. 5 THE MMMONTAL COORDINAI[ Snn),l AND BEARIN65 LEGAL DESCRIPTION M F `-,i it IT 1. NO OVND OR LME.NTS HAVE PRaYfTc Minx; "PAww DoE 4/20/07 WNOTAITVE SOLVrtOxB COORIDMAW SrSTD4 CAST 10PL NORTH AMOacAN DATW �y •, L _ t_ LWI SECn0.w; IR /tT6�t10TRU AMC" n am fmt�.-sees ' ( Windsor "B") uWM TO ISTAIII an smoer ww nems, bEPARTMCNT OF TRANSPORTATION RUMOICE UWJAENT _ �"��' 11 INDM AWe FJIORIS U-00046 66-7eRO -7111HAVINO A COONATE VALUE OF WATIAN4 RANGE SOM ;9 EAST A parcel of Sand lying and .being in Section 14, Township 31 South, Range 39 cost, Telichassee base meridion. Indian River County. Florida, being more parGcvlarly described as follows:. Commencing at the southwest corner of Govemment Lot 2, Section 14, Township 31 South, Range 39 East, Indian River County Florida; Thence, bearing North 89'45'10' East, along the south Ane of said Government lot 2, o distance of 865.92 feet to o point on the easterly Right of Way Ane of State Rood A -1-A. as shown on Florida Department of Transportation Right of way swap Section No. 68070-2102, dated 10/21/57; Thence, bearing North 24'24'50' West, along said Right of Way line, a distonee of 419.51 feet to the Point of Beginning of the herein described parcel of land; Thence. bearing North 242450" West, olong said Right of Way line, a distance of 606,31 feet to a point; Thence, leaving sold Right of Way line of State Rood A -1-A, bearing North 89'45'09' East o distance of 577.55 Feet to o point an the Mean High Water line of the Atlantic Ocean; Thence, bearing South 2610'47" East, along said Mean High Water tine, a distance of 90.03 feet to a Point: Thence, bearing South 262511" East, along said Mean High Water 'line, a distance of 441.87 feet to a point; Thence, bearing South 22'31'33" East, along said Mean High Water fine, a distance of 83.66 feet to o point; Thence, leaving sold Mean High Water tine, bearing South 89'45'09" Weat, a distance of 611.92 feet to a point an the aforesaid easterly Right of Way One of State Road A -I -A, and the point being the Point of Nilinning. The obove described parcel of land contains an area of 331,451 square feel or 7.609 acres, more or less. Subject to any and all easements and conditions ca contained within the chain of title. GENERAL NOTES: 5 THE MMMONTAL COORDINAI[ Snn),l AND BEARIN65 1. NO OVND OR LME.NTS HAVE SHOMN HEREON ARE 80 -SED ON THE FUNWA STATE PANE OCAIM 7 THUM SH sane LACAIFD EXCEPT Mt15[ sHaw r HO1La4 DIEL COORIDMAW SrSTD4 CAST 10PL NORTH AMOacAN DATW Of 100% 122D ASAISnFNT. 19E CONTROL MCNVUENTs 2. OAsxfnwu-Da+ovA>ty W_ rEnnneAIE Or AUTHORMATICN NWBER D PROVIDE SURVEYDfO sCANLES O uWM TO ISTAIII an smoer ww nems, bEPARTMCNT OF TRANSPORTATION RUMOICE UWJAENT LEGEND LBDSIo 66-7eRO -7111HAVINO A COONATE VALUE OF WATIAN4 3. DIES 6UVOC NOT WELD MMWT INC MWATURE AND 1.264223.929 AM AN EASTM OF 647.006.d2S AND MONLIM" M -71 -All NAYHG A OOORMATt VALUE Or 1sOffPgffT OF COMMfNCEMFM p08=PONT OF ComBEIIME C NG OPJO9IAL SLAC if A RDRIDA REQ57ERtD SURVEM Is Lam• N�3OR/pTHp,NQ 1.251.561.216 ANO EASING 644665737 NAD SATO VALUES VIRE DONYUM R/W-RO f DF WAY rRCM NAD 27 DOOR OWATE OATUW AS LISTED ON THE PAT Or iNDIM 4. ISTE Hirm"Tim LIRA fart INC OICATION or THIS MVER COUNTY COASTAL CCMSMC34W CWTR[L UNC, PLAT PB=PLAT BOOK PG= PACE WAS OBTASNCO MOM A BOUNDARY SURVEY 6Y aYioNLE1-HNO 610SOMATM '01 ANDA BOON 19. PACE 32. PUBLIC RECORDS OF WDU.N RNLI{ r. staloA N0VO29- ifATgiL1l GEODff1C VFRitCIL sw�= am DATUM OF 1929 PROJECT NO 047013M DATLO 07-14-O4 7. THE XAMMM RHM HEREON ARE BASED ON THE S. NO MISiRWOM ar Ream REFILMHO YJS13"IL MaROR STTAA>EP ANE, poorioMAIE MTM. [AST 2CNk_ AlTUu 3:1►cjO�J'�WrYf mortis-W!611kV AND OMNERAI� WM MNRSHM TWS 'FIEFID UCO UHE %Oi SURVEYOR DfCEPT A5 SHORN 11ERCO11. -A-l-A BE*$ NOK Rp49DS5 . T. }Val deWl V.._ A*1 . .. 'N p - Or Iilimwn CHECKED et: K5 T d ND. By DfSCAIPTIOiI CITE " ' 4d T Sc! Jrd d ArGh.. T WALL -N/A raT wAA RDlaUI 1NC SCRUIME AN THE aTIWMt f9: .PACE _ _ _ C AAiSEp SLL IA:ngrl0i. DRAM 6T: l7CDr1D WSURfETOR K5 http://ori.indian-river.org////Document/GetDocumentForPrintPNG;?request=AQAAANC... 1011 0.'2015, P180 BK: 2317 PG: 2229 ,?:\errrey\86901A1\dv9\TiRi TRANSFER E% 10-'19-46:dwq. OK 17. 2868 - 12_M,24au- WM14— _ jj� BASK=INC. SKETCH: as4o+•q+ J� DONOt'' :gQ�g� �,I "�� •�_�•�_ ENNOV►Tcvr WrxasixvcrtT" 80LIIr=Oxs �� � 14 rr/s=lm Bow T� `ACC81 ANY 4-EOAL DISCRIPTION >e eP q NwAm% x an* 9nfgsr-ua NOT A SURVEY DKM"ZR a Immm a n-400Dw NOT TO SCALE y,,y SQ�M .s EAST OCEANPB8 1z GUSO!!/lS10�! BXXTBIT A- S89'45'09"W 577.55' SOUTR UNE OF'79E NORTH 400' OF COVFXRMLNT L07 2 sa NOT TO SCALE; NORTH UNE OF 14E SOUrW 200' OF THE NORTH 600' OF GOVERNMENT tOT 2 Q 9 \ 7A r" S N a� A EXHIBIT B " 331,451 SQ FT OR 7.608 ACRES& p Z rip ��� •�� `� •�� i 0. B. EXHIBIT B N N, t^ v,\ 589'45'09"W 611.92' r � y y C � �Sn SOUTHWEST CORNER GOVERNMENT LOT 2 \ �- P.0.0 \ N89'45'10"E 865,92' SOUTH UNE GOVERNMENT LOT 2 CWXED n. XS M0. 9f R5CR1mm DATE SGLC MQj 10 SGV.0 f.fl PNCE OMNRI Bt: %5 2 OF 2 http://ori.indian-river.org////Document/GetDocumentForPrintPNG/?request=AQAAANC. •. 10/19/2015 P181 F- in x Lu 01 PROPOSED RE -PLAT OF LATS /� > ', ?•i, �e - ---- 11, 12, 13 AND 14 FROM. Up N9NOSOR BEACHSIDE - PLAT 27 Nis .4 \ �/ �\an PHASE 11 - PD i f �j A. •O'er~s�, % O ` ,'�� ,'`l loo tt tel,`,. J.;,� \ p� � � � � ,�;\r=: ;-•, A i ik �� • � at�•\ � � a Dena •tt \ \ •��\ `� .A \ \ 1 1 \ t V PARK of ' ti rcam l Eo /y a � P�ADC 1 \ ed ,.1 Wn nq[Ct .. .•' Kimlev*Horn a°ia,s WINDSOR SEE, ED (SOUTH PARCEL)CbNCF?7UAL, CSP -2 , xD DEneM � aon �waow DN `si T� Pl Ail j — Mpe4 »l-7W-�,Do OMwn DN Mw eEV9d'3 4... wMK•ae+-MpM.coY a aa0004z ;rm. n+ N 00 Y_ This instrument prepared by and return to: Bruce Barkett, Esq. Collins, Brown, Barkett, Garavaglia & Lawn, Chtd. 756 Beachland Blvd. Vero Beach, FL 32963 FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS THIS FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS is made by Windsor Properties, a Florida general partnership, ("Owner"), and is approved by the Board of County Commissioners of Indian River County, Florida ("County"). WITNESSETH: WHEREAS, Owner recorded that certain Declaration of Restrictive Covenants in favor of County on February 2, 2009, at Official Records Book 2317, Page 2223, Public Records of Indian River County, Florida ("Declaration"), with respect to certain property in Indian River County consisting of 8.93 acres, more or less, legally described on Exhibit "A" attached hereto and made a part hereof ("Windsor Property"); and WHEREAS, the Declaration restricted the Windsor Property to a residential density of one dwelling unit per acre; and WHEREAS, the subject property has been approved for development by Indian River County as the Windsor Beachside - Plat 27 - Phase II - Planned Development (the "PD"); and WHEREAS, Owner has applied to the County to amend the PD to add a second housing type, resulting in a modest increase in density; and WHEREAS, County has agreed, pursuant to the terms of the Declaration, to permit modification of the Declaration to permit residential density to be increased to up to 3 units per acre; NOW, THEREFORE, for and in consideration of the foregoing recitals, the Owner hereby agrees and declares, and the County hereby approves, the following First Amendment to Declaration of Restrictive Covenants: The foregoing recitals are true and are incorporated herein by reference. 2. Section 2 of the Declaration is hereby amended to read in its entirety as follows: P183 2. Density Restriction. The Owner hereby declares and voluntarily covenants and agrees that the following development restriction shall apply within the Windsor Property: Residential density shall be limited to three (3) dwelling units per acre. 3. In all other respects the Declaration remains in full force and effect. To the extent of any conflict between the Declaration and this First Amendment to the Declaration, this First Amendment, shall prevail. IN WITNESS WHEREOF, the undersigned has executed this First Amendment to Declaration of Restrictive Covenants on this day of , 2016. Signed, sealed and delivered in the presence of- Print f Print Name: Print Name: STATE OF FLORIDA COUNTY OF INDIAN RWER Windsor Properties, a Florida general partnership By: Torwest, Inc., a Florida corporation, General Partner Name/Title: The foregoing instrument was acknowledged before me this day of , 2016, by . the of Torwest, Inc., a Florida corporation, General Partner of Windsor Properties, a Florida general partnership, who is personally known to me or has produced as identification. (Notary Seal) Notary Public My Commission Expires: P184 Approved by: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency William K. DeBraal, Deputy County Attorney STATE OF FLORIDA COUNTY OF The foregoing instrument was 2016, by Commissioners, and BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman BCC Approved: Attest: Jeffrey R. Smith, Clerk of the Circuit Court WE Deputy Clerk acknowledged before me this day of Smith, who are personally known (Notary Seal) , as Chairman of the Board of County , as Deputy Clerk, for Jeffrey R. to me or who have produced as identification. Printed Name: My Commission Expires P185 County Attorney Dylan Reingold presented staffs recommendation for the Board to schedule a closed attorney-client session to discuss two cases associated with the proposed All Aboard Florida (AAF) project, for December 15, 2015, at 10:30 a.m. ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously scheduled a closed attorney-client session regarding Indian River County et al. vs. Peter M. Rogoff et al. and AAF Holdings, LLC (Case No.: 1:15-ev-00460- CRC) and Indian River County v. Florida Development Finance Corporation and AAF Holdings LLC (Case No. 2015 AP 40), to occur on Tuesday, December 15, 2015, at 10:30 a.m. in the County Commissioners' conference room. 10:06 B. Lobbyist for 2016 Legislative Session a.m. __(memorandum dated November 25' 2015) 219.222 ------- -- ---------- --------------------------- Attorney Reingold reported that the County's contract with Anfield Consulting Group, Inc. for lobbying services will expire on December 31, 2015. He provided funding details, spoke of the group's work on behalf of the County, and presented staffs recommendation for Board approval of the renewed contract. 10:UN U. a.m. ON MOTION by Commissioner Zore, SECONDED by Commissioner O'Bryan, the Board unanimously entered into the proposed agreement with Anfield Consulting Group, Inc., for lobbying services for the term of January 1, 2016 to December 31, 2016 and authorized the County Administrator to execute the agreement with Anfield Consulting Group, Inc. Approval of Amendment to Declaration of Restrictive Covenants from Property Exchange with Windsor Properties at the former Golden Sands Park _(memorandum dated December 2 201 5) 223-247 -------------------------------- ---- -------- Deputy County Attorney Bill DeBraal presented background and conditions on Windsor Properties' request to reconfigure two oceanfront lots for estate homes, and to consolidate two oceanfront estate lots for seven "cottage homes". He stated that the proposed amendment will not increase the overall Planned Development density. ON MOTION by Commissioner Davis, SECONDED by Commissioner Zorc, the Board unanimously directed staff to: (1) coordinate with all interested parties and prepare an amendment to the Declaration of Restrictive Covenants by Windsor Properties, permitting the density change; and (2) have the proposed Planned Development (PD) change/replat and the amendment of the Declaration of Restrictive Covenants proceed through the approval process at the same time. Board of County Commission Meeting Page 9 December 8, 2015 P186 3.A M -A -I fi 2a� ATLANTIC GRAPHIC SCALE IN FEET OCEAN 0 E 5 10 20 — = _ • •••••,••,'.,'•,'•, •, O .'•.., •, . '.,'•, •.'• '•.'•. . •. •. •. .' . .' . •.. .'•.' ,. . . ... . •. ...• .'....'•.'..'•.'•.' .'•.'•.'•.'•...'• ..'•.'..'..'... . . . ...•........•..•.....•. •:.:.•:•,. .•..•.....•..... ,... •. . •... . •. •. •. .• . •.• ,' ,'•,'• ' .'• .'•.'•. .' .. . o ....... • .....' .' .' .' .' .' . .' .' ................... .• _• _ . .. couge- `iVAT10N , .' .' .' .' .' .' .' .' .' .' .' .' EASEMENT .' .' .' .' .' .' ...... — T_.. E 84 a 5' 83.88' .' .' . .' .t . �.......' 1Q9,1 ' .� .' .' .' • • ... I .' .' ..................' ..............144.7.4..........' . 107.28'.' .' .' .. .. . .' .' ......... ! / '. '. '. ' ........... ,' ,' .' .' .' .' .' .' ..' .' .' ...... IF— 50'UPLAND aETA51DE • _' .. .. ... . ..'... d. AREA aSSOVE TOIMPAC CROS F00. FLOODZONE VE -JS LOTS. MDNIOUAL LOTS. 009ZOIdE AO -1' 19a1 COASTAL SiRUCTION CONTROL LINE / 96.04' 125.41' / _ 84 01' 84 15' 96 04' ;n cv FLOODZON£ A0-7' / V1 FLOODZONE X'—'— 11 LOT 12 LOT (0.73 AC) (0.73 AC) I I OT 9 ^o LOT 10 LOT 11 N I I LOT 12 LOT 13 / LOT 14 / GOLDEN SANDS PARK (NOT PLATTED) m� m / Q Q Q - Q 5' CHAIN (INK FENCE E / ETON WAY C (RIGHT OF WAY VARIES) / 5 LIMITED ACCESS EASEMENT �PLATBOOK 26. PAGE. B — - F _ (110• RIGHT iP f t Kimley)))Horn WINDSOR SHEET NUMBER ® 2016 KIMLEY-HORN AND ASSOCIATES. INC. EX -C 445 24TH STREET. SUITE 200. VERO BEACH. FL 32960 PHONE. 772-794-4100 EXHIBIT C WWW KIMLEY-HORN.COM CA 00000696 M -A -I Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney /3' Attorney's Matters - 12/20/16 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: December 13, 2016 ATTORNEY SUBJECT: Request for Access Easement to Datapath Tower, LLC for Emergency Services Tower You may recall the former County jail property at 1725 17th Street was surplused and divided between the Boys & Girls Club and St. Francis Manor and portions of the property were added to their respective leases with the County. The 150 foot guyed tower was not made part of those leases and remained County property. Currently, the County has a lease on the tower site with PrimeCo Personal Communications LP (now Verizon Wireless) running through 2022. Verizon is the only tenant on this tower. There is a recorded easement for access that provides for tenants to gain access to the tower site. The current rental rate paid by Verizon is $19,450.00 per year or $1,620 per month. This tower was sited, engineered and constructed before cellular service existed. It once held antennae used by the South County Fire District and the Sheriffs Department but with the construction of newer, more strategically located towers, Emergency Services had no further use for this tower and no future County use was projected for this tower. On August 18, 2015, the Board of County Commissioners declared the Emergency Services Tower Site to be surplus property and instructed staff to sell the tower site by sealed bid. On July 5, 2016, the Board approved sale of the tower site to Datapath Tower LLC for $175,680.00. Datapath plans to rehab and update the tower to allow for additional antennae arrays to be co -located on the tower. In order to provide for reconstruction of the tower and to close this sale, a new access easement must be provided to Datapath. When the County owned the tower site, no easements were needed as the County held title to the ground underneath the tower and the guy wires. When the property is sold to Datapath, they will need to have permission to cross over County owned property to get to their tower site. At its meeting of May 10, 2016, the Board declared the 16th Street Ballfield property east of 20th Avenue, north of 16th Street and west of 17th Avenue, within the City of Vero Beach to be surplus property and expressed its desire to sell the property. The existing lease on the 16th Street Ballfield property expired in November 30, 2016. The County Surveyor's Office has P187 MEMORANDUM — Datapath Access and Aerial Easements December 13, 2016 Page 2 recently completed a boundary survey of the 16th Street Ballfield property. They have also completed sketches and legal descriptions over a portion of the 16th Street Ballfield property for the needed access needed by Datapath for access to the tower site. The easement will be held in escrow by the closing agent until the time of closing. The access and legal description is attached to this memorandum. Funding: There is no expenditure of County funds for this matter. The buyer will pay for the cost of recording the easement at closing. Recommendation: Emergency Services recommends that the Board approve the access easement to Datapath Towers, LLC and authorize the Chairman to execute the easement on behalf of the Board. Copes to_: Datapath Towers Atlantic Coastal Title P188 EASEMENT THIS GRANT OF EASEMENT, made and executed this day of December, 2016, by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTOR, to Datapath Tower, LLC, a Florida limited liability company, having a mailing address of 4515 Plaza Way, St. Pete Beach, FL 33706, hereinafter called GRANTEE. WITNESSETH: That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, its successors and assigns, a perpetual easement for ingress, egress and access over, across, and beneath the following described land, situate in Indian River County, Florida, with the maintenance responsibility being the responsibility of Grantor, to -wit: See Exhibit "A" attached hereto. And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. REMAINDER OF PAGE LEFT BLANK INTENTIONALLY P189 IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S hand and seal the day and year first above written. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Approved: Jason E. Brown County Administrator Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk STATE OF FLORIDA COUNTY OF .INDIAN RIVER Date Approved by BCC Approved as to form and legal sufficiency: all � —1,14 K �� William K. DeBraal Deputy County Attorney The foregoing instrument was acknowledged before me this day of December, 2016, by Joseph E. Flescher, Chairman of the Board of County Commissioners of Indian River County, Florida, who is either personally known to me or who has produced as identification. NOTARY PUBLIC printed name: (SEAL): Commission No.: Commission Expiration - 2 P190 LEGAL DESCRIPTION: St. FRANCIS MANOR CELL TOWER INGRESS -EGRESS EASEMENT A 20 FOOT WIDE STRIP OF LAND LYING UPON THE FOLLOWING PARCELS: THE BUD RILEY FIELD PARCEL AS DESCRIBED IN DEED BOOK 27, PAGE 150 AND A PARCEL OWNED BY INDIAN RIVER COUNTY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2651, PAGE 1029; BOTH PARCELS LYING IN SECTION 2, TOWNSHIP 33 SOUTH, RANGE 39 EAST AND RECORDED IN THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2; THENCE RUN N00'02'39"E, ALONG THE WEST LINE OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 2, A DISTANCE OF 730.75 FEET TO THE INTERSECTION OF SAID LINE AND THE WESTERLY EXTENSION OF THE NORTH LINE OF THE AFORESAID BUD RILEY FIELD PARCEL; THENCE RUN S89'25'35"E, A DISTANCE OF 80.00 FEET TO THE NORTHWEST CORNER OF SAID BUD RILEY FIELD PARCEL, SAID POINT ALSO LYING ON THE EAST RIGHT OF WAY LINE OF 20TH AVENUE, FOR A POINT OF BEGINNING; THENCE RUN S89'25'35"E, ALONG SAID NORTH LINE AND THE EASTERLY PROLONGATION THEREOF, A DISTANCE OF 403.62 FEET; THENCE RUN N40'10'25"E, A DISTANCE OF 78.40 FEET TO A POINT ON THE SOUTH PROPERTY LINE OF A PARCEL OF LAND OWNED BY INDIAN RIVER COUNTY, AS DESCRIBED IN OFFICIAL RECORDS BOOK 2651, PAGE 1029, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE RUN NOO'56'58"E, A DISTANCE OF 11887 FEET TO THE SOUTHEAST CORNER OF AN EIGHT FOOT HIGH CHAIN LINK FENCE; THENCE CONTINUE N00'56'58"E, ALONG THE EAST LINE OF THE AFORESAID CHAIN LINK FENCE LINE, A DISTANCE OF 24.75 FEET TO THE NORTHEAST CORNER OF SAID CHAIN LINK FENCE; THENCE DEPARTING SAID CHAIN LINK FENCE LINE RUN S89'03'02"E, A DISTANCE OF 20.00 FEET; THENCE RUN S00'56'58"W, PARALLEL WITH THE EAST LINE OF SAID CHAIN LINK FENCE, A DISTANCE OF 143.38 FEET TO A POINT ON THE SOUTH LINE OF THE AFORESAID INDIAN RIVER COUNTY PARCEL; THENCE CONTINUE S00'56'58"W, A DISTANCE OF 7.36 FEET; THENCE RUN 540'10'25"W, A DISTANCE OF 94.94 FEET; THENCE RUN N89'25'35'W, 20 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE AND EASTERLY EXTENSION THEREOF, OF THE AFORESAID BUD RILEY FIELD PARCEL, A DISTANCE OF 412.85 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF 20TH AVENUE, SAID POINT ALSO LYING ON THE WEST LINE OF THE AFORESAID BUD RILEY FIELD PARCEL, THENCE RUN N00'02'39"E, ALONG SAID EASTERLY RIGHT OF WAY LINE AND SAID WEST PROPERTY LINE, A DISTANCE OF 20 00 FEET TO THE POINT OF BEGINNING CONTAINING: 0.30 ACRES (12,842 SQUARE FEET), MORE OR LESS. SURVEYOR'S NOTES: 1 THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER NAMED HEREON 2. THIS SKETCH OF DESCRIPTION MEETS OR EXCEEDS ALL APPLICABLE REQUIREMENTS OF THE STANDARDS OF PRACTICE AS ESTABLISHED IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE. 3 THIS SKETCH OF DESCRIPTION AND ADJOINING PARCELS MAY BE SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND/OR RIGHT—OF—WAYS NOT SHOWN HEREON, BUT MAY BE FOUND IN THE PUBLIC RECORDS. 4 THIS SKETCH AND DESCRIPTION WAS PREPARED WITH THE BENEFIT OF A BOUNDARY SURVEY FOR BUD RILEY FIELD, PREPARED BY INDIAN RIVER COUNTY PERSONNEL ON THE DATE OF OCTOBER 1, 2013. THE FENCE, CELL TOWER AND GUY WIRES WERE LOCATED ON THE DATE OF OCTOBER 17, 2016. 5. THE BEARINGS SHOWN HEREON ARE.B,R5F,D UPON THE NORTH AMERICAN DATUM OF 1983, 2011 ADJUSTMENT AND PROJECTED IN THE'FLOMISA'STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE. THIS SURVEY WAS TIED,;TB .THF JN)PArh•RIVER',COUNTY REAL—TIME KINEMATIC GLOBAL POSITIONING NETWORK, DERIVIN1 Ar;Vr�"t(�,o86AR�I I;GF OD -02'39"E ALONG THE WEST LINE OF THE SOUTHEAST ONE—QUARTER OF' 3S ,4OUTH, RANGE 39 EAST. CERTIFICATION SU VEYOR AND MAPPE�1N .RSPON�iE�E CHARGE R OF NOT DAVID M. SILON FS Mrs >' ,C��" �� _ DATE FLORIDA REGISTRATION - Nb' INDIAN RIVER ASSISTANT-COUNTY�SURVEYOR SYMBOLS AND ABBREVIATIONS: C.L.F. = CHAIN LINK FENCE D.B. = DEED BOOK ESMT a EASEMENT O.R.B. = OFFICIAL RECORDS BOOK P.I.D. = PARCEL IDENTIFICATION PER PROPERTY APPRAISER P.O.B. POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R/W = RIGHT OF WAY SEC SECTION—TOWNSHIP—RANGE �= CELL TOWER = GUY WIRE COMPLETE WITHOUT SHEET 2 OF 2. THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NDIAN RIVER COUNTY ADMINISTRATION BUILDING" " INDIANRIVER COUNTY DRAWN BY: SECTION 2 St. FRANCIS MANOR CELL sHEEr 1801 27th STREET D.SILON VERG BEACH, FL 32960 DepnrtrnevtofPublic Works APPROVED BY TOWNSHIP 335. TOWER INGRESS -EGRESS EASEMENT (772) 567-8000 c Engineering Division D.SILON RANGF 39E. SKETCH OF DESCRIPTION 2 EXHIBIT "A" .W O M ZW (%jM m�o�LL p J W Z Fr U J � W O C> No 3w wm wN ?oro S89'25'35"E N z) 0 = w w LL of Z o w < > �I� n> w OM u) n w BIW +� '(3) O o "' N N W O Z p J O 3 Z INDIAN RIVER COUNTY (St. FRANCIS MANOR) P.I.D. No. 33-39-02-00000-7000-00001 1 PER O.R.B. 516, PG 305 PROPOSED UTILITY ESMT Im m w IJ 13 1 P I. . No. 33-39-02-00000-7000-00001.3 PER D.B. 127, PG 150 i , /EXISTING UTILITY ESMT O.R.B. 1756, PG 2481 -- -- -- — —`--------—--—-- — -- — -- SUNSHINE REHABILATION CENTER OF I INDIAN RIVER COUNTY, INCORPORATED P.I.D. No. 33-39-02-00000-7000-00001.2 1 PER O.R.B. 1957, PG 2419 P.O.C. 0 50 100 200 S89'03'02"E / SW CORNER OF THE SE 1/4 20 00' S. PROPERTY LINE Ij OF SEC 2-33-39 w OF BUD 00 L -4J- -- --Q - - ------ SKETCH TO ACCOMPANY LEGAL DESCRIPTION GRAPHIC SCALE - un LO N. LINE FIELD bb r-: ( IN FEET ) INDlANRIT/ER COUNTY Works DRAWN BY- BUD RILEY Z N a3� � � VE BEACH, FL 32960 (772) 567-6000 INDIAN RIVER COUNTY Sao "� < , P Engineering Division PID No. to 00 33-39-02-00000-7000-00001.4 o PER O.R B. 2651, PG 1029 .�O �� r O V) - (CONTAINING +/- 0.30 ACRES) o Im m w IJ 13 1 P I. . No. 33-39-02-00000-7000-00001.3 PER D.B. 127, PG 150 i , /EXISTING UTILITY ESMT O.R.B. 1756, PG 2481 -- -- -- — —`--------—--—-- — -- — -- SUNSHINE REHABILATION CENTER OF I INDIAN RIVER COUNTY, INCORPORATED P.I.D. No. 33-39-02-00000-7000-00001.2 1 PER O.R.B. 1957, PG 2419 P.O.C. NOT COMPLETE WITHOUT SHEET 1 OF 2. +� / SW CORNER OF THE SE 1/4 S. PROPERTY LINE Ij OF SEC 2-33-39 CORNER OF OF BUD L -4J- -- --Q - - ------ SKETCH TO ACCOMPANY LEGAL DESCRIPTION ----------I ---------------- - NW77--� RILEY FIELD I N. LINE FIELD (f a �gw : Dep�rrtnientofPubiic INDlANRIT/ER COUNTY Works DRAWN BY- BUD RILEY �'� a3� � � VE BEACH, FL 32960 (772) 567-6000 SKETCH OF DESCRIPTION 1 P.O. B' < , P Engineering Division I 00 S89'25'35"E 403.62' .�O �� r ¢ a w - (CONTAINING +/- 0.30 ACRES) o �0� 0�w N89'25'35"W 412.85' o o w a u- pryO -------------------- -- ----- ----- C4 N Z i O 1 J O w to 1 O II ' I� INDIAN RIWER COUNTY 1 IOf (BUD RI�EY FIELD) Im m w IJ 13 1 P I. . No. 33-39-02-00000-7000-00001.3 PER D.B. 127, PG 150 i , /EXISTING UTILITY ESMT O.R.B. 1756, PG 2481 -- -- -- — —`--------—--—-- — -- — -- SUNSHINE REHABILATION CENTER OF I INDIAN RIVER COUNTY, INCORPORATED P.I.D. No. 33-39-02-00000-7000-00001.2 1 PER O.R.B. 1957, PG 2419 P.O.C. NOT COMPLETE WITHOUT SHEET 1 OF 2. / SW CORNER OF THE SE 1/4 Ij OF SEC 2-33-39 THIS IS NOT A BOUNDARY SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT NOIAN RIVER COUNTY ADMINISTRATION BUILDING Bol 27tH STREET �gw : Dep�rrtnientofPubiic INDlANRIT/ER COUNTY Works DRAWN BY- SECTION 2 St. FRANCIS MANOR CELL TOWER INGRESS -EGRESS EASEMENT SHEET 2 TOWNSHIP 335. AP�oo�N D.SILON VE BEACH, FL 32960 (772) 567-6000 SKETCH OF DESCRIPTION < , P Engineering Division RANGE 39E. co N Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attomey Office Of Attorney's Matters 12/20/16 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: December 14, 2016 SUBJECT: Approval of Agreement to Purchase and Sell Quality Fruit Packers Parcel for 45th Street/US Highway 1 Intersection Improvements The County has plans to improve the US Highway 1 - 45th Street intersection to include an east bound right turn/through lane with a dedicated left turn lane. The boundaries of the project extend west on 45th Street approximately 300 feet west of the railroad tracks .and provide for an east bound right turn lane onto Old Dixie Highway and an east bound left turn/through lane. Right-of-way is needed from the property owners along the south side of 45th Street. Quality Fruit Packers of Indian River, Inc. (Quality) owns a 2.2 acre parcel of property on the southwest corner of US Highway 1 and 45th Street. The southern boundary of the property runs from Old Dixie to US Highway 1 as seen on the attached aerial photo. The property is zoned CH, heavy, commercial and is the site of the Quality Fruit Packers packing house. Quality also owns the parcel to the south along US Highway 1. In order to complete the improvement project, the County must acquire 0.13 acres or 5,611 square feet of right-of-way property from Quality. The parcel needed is a 15' wide strip that runs parallel to 45th Street for the length of the Quality property with a corner clip at Old Dixie. The parcel is improved with landscaping, oak trees and a paved parking lot that is used for truck and trailer parking and also storage of fruit shipping boxes during the off season. There is no ingress/egress to the parcel from 45th Street. P193 MEMORANDUM —Quality Packers 45th Street/US 1 December 14, 2016 Page 12 In order to arrive at a value for the property, the County obtained an appraisal from Boyle & Drake, Inc. The appraisal report establishes a value of the whole 2.2 acre parcel of $875,000, (approximately $9.05/sq. ft.) with the part to be taken valued at $52,000. The appraisal included $10,000 damages to the remainder parcel (severance) for a total appraised value of $62,000. The County extended an offer to purchase to Quality for the appraised value of $62,000. Quality, through the owners, Rusty Banack and William Estes, with their attorney, Randy Brennan, met with staff to discuss the offer. Quality pointed out that the Cumberland Farms parcel directly across the street sold for $12.68/sq. ft. They also expressed concern that the appraisal did not adequately account for "severance damages. Quality contended that the 15' take would eliminate about 27 parking places along 45th Street. Given the heavy commercial zoning of the property, Quality asserted that such a loss of parking spaces would far exceed the $10,000 in severance damages provided in the County's appraisal. Given its location at a signaled intersection on US 1 and 4511' Street and the size of the parcel, Quality felt that this property was one of the last large sized heavy commercial properties in the County and counter offered to sell at $150,000. Eventually, the parties agreed to a global settlement of $137,500 inclusive of all fees and expert witness costs. It should be pointed out that this proposed settlement was reached with a minimum of costs. Aside from the Boyle & Drake appraisal fee of $2,500, the, County did not incur any engineering or land planning expert costs. A parcel situated at this location with its size could easily require pretrial engineering and land use expert fees in excess of $50,000. Considering that the County would end up paying for the landowner's experts' costs if this matter continues down the path of litigation, paying a higher cost for the property now staves off the avalanche of expert witness fees borne by the County later in the process. Funding: Funding for this expenditure is budgeted and available from Optional Sales Tax/ROW/45th Street/left Turn Lane at US 1, Account # 31521441- 066120-13013. Recommendation: Staff recommends the Board approve the purchase and sale for the right-of-way from Quality at a price of $137,500, inclusive of all fees and costs and authorize the Chairman to execute any documents necessary to close the purchase of the property. Copies to: Randy Brennan, Esq. Attorney for Quality Fruit Packers P194 L0 rn T D - LEGAL DESCRIPTION: RIGHT OF WAYACQUISITION Legal Description B6dig a Parcel of land lying in Section 26,Township 32 South, Range 39 East, said parcel also being a portion of a Tract of land as recorded in Official Record Book 963, Page 2384 of the Public Records of Indian River County, Florida, said parcel being more particularly described as follows: Commence at the Intersection of the Centerline of Right -of -Way of Old Dixie Highway as shown on the Old Dixie Highway Right -of -Way Map, per Plat Book 24, Page 81, Public records of Indian River County, Florida, with the North line of Section 26, Township 32 South, Range 39 South; Thence South 89°46'13" East, along the said North line of Section 26, a distance of 41.18 feet; Thence departing said North line, South 00°13'47" West, a distance of 25.00 feet to the Northwest corner of said Parcel recorded in Official Record Book 963 page 2384 of said Public Records, said corner also being the intersection.of the East right -of -Way of Old Dixie Highway and the South Right -of -Way line of 45th Street (North Gifford Road) and the Point of Beginning of the following described parcel; Thence South 89°46'13" East, along the South Right -of -Way line of said 45th Street, said line being 25.00 feet South of and parallel with as measured at right angles to the North line of said Section 26, a distance of 371.74 feet to the Westerly Right -of -Way line of U.S. Highway No. 1 (State Road No. 5) as shown on the State of Florida State Road Department Right -of -Way Map Section No. 88500-2602 as recorded in Plat Book 11, Page 25, of the Public Records of Indian river County, Florida; Thence South 00'13'47" West, along said West right-of-way Line, a distance of 14.00 feet; Thence departing said West Right -of -Way line, North 89°46'13" West, along a line that is 14.00 feet South of and parallel with as measured at right angles to the said South Right -of -Way line of 45th Street, a distance of 337.86 feet; Thence South 37°28'56" West, a distance of 36.32 feet to a point on the East Right -of -Way line of said Old Dixie Highway: Thence North 15°15'55" West, along said East Right -of -Way, a distance of 44.53 feet to the Point of Beginning. Containing: 0.13 Acres (5611 square feet), more or less Leoend and Abbreviations COR = CORNER RNV = RIGHT OF WAY Co. = COMPANY SEC = SECTION -TOWNSHIP -RANGE ESMT = EASEMENT A = CENTRAL ANGLE I.R.F.W.C.D. = INDIAN RIVER FARMS P.B.S. = ST. LUCIE COUNTY PLAT BOOK WATER CONTROL DISTRICT P.I.D. = PARCEL IDENTIFICATION O.R.B. = OFFICIAL RECORDS BOOK P.O.B. = POINT OF BEGINNING MAG = MAGNETIC P.O.C. = POINT OF COMMENCEMENT PROP = PROPERTY P.T. = POINT OF TANGENT P.S.M. = PROFESSIONAL SURVEYOR T = TOWNSHIP AND MAPPER R = RANGE Survevor's Notes 1) This sketch and Legal Description was prepared with the benefit of a Topographic Survey (Project No. 1355) prepared by Indian River County Personnel on the date of 2/23/15. 2) This legal description shall not be valid unless: (A) Provided in its entirety consisting of 2 sheets, with sheet 2 showing the sketch of the legal description. (B) Reproductions of the description and sketch are signed and sealed with an embossed surveyor's seal. 3) Bearings shown hereon are based on the Florida State Plane Coordinate System, as referenced to the North American Datum (NAD) 1983 adjustment of 2011, Florida East Zone. and are further referenced to the North line of Section 26 Township 32 South, Range 39 East,.said line bears South 89'46'13" East. Certification (Not valid without the signature and original raised seal of a Florida licensed Surveyor and Mapper) I hereby certify that the Sketch and Legal Description of the property shown and described hereon was completed under my direction and said Sketch and Legal is true and correct to the best of my knowledge and belief. 1 further certify that this Sketch and Description meets -the Minimum Technical standards for surveys set forth by the Florida Professionsl Board of Surveyors and Mappers in chapter 5J-17.052 Florida Administrative code, pursuant to section 472.027 Florida State Statutes. ����'—' Date of Signature David M. Silon Professional Surveyor and Mapper Florida Certificate No. 6139 THIS DRAWING DOES NOT REPRESENT A BOUNDARY SURVEY PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT INDIAN RIVER COUNTY ADMINISTRATION BUILDING /ND/AN R/VER COUNTY DRAWN aY SECTION z6 .5KE 7CH OF D£5CR/PT/ON SHEET 1801 27th STREET R./NOLErr 3 FOR VERO BEACH, FL 32961 , , Works APPROVED BY: (772) 567-8000 nginee�n. ivis o�7 n D. -TIL RANGE .39 (DUAL/TY FRU/T PACKERS rn a LEGAL DESCRIPTION: RIGHT OF WAY ACQUISITION POINT OF COMMENCEMENT 3 2-39-23-00000-5 0 00-0 001 5.0 I AOP OF DELAWARE INC. INTERSECTION OF CENTERLINE OF O.R.B. 246 7, PG 15 IGHT-OF-WAY OLD DIXIE HIGHWAY AND RIGHT-OF-WAY LINE NORTH LINE SECTION 26, T32S, R39E O S89'46'13" E ; 41.18' "- SO0'13'47"W 25.00' 32-39-26-00000-3000-00003.0 V�R I- I-QUALITY FRUIT PACKERS IR INC O.R.B. 963, PC 2384 ^0Ap NOT PLATTED (IMPROVED) 'i -RIGHT-OF-WAY LINE T -OF -WA NE d 45TH STREET ; m m N m (NORTH GIFFORD ROAD) ipa O.R.B. 942, PAGE 1680 �oa SOUTH LINE SECTION 23,T32S, R39E NORTR_LINE — — I d; SECTION 26,T32S, R39 -0 S89'46'13"E (BEARING BASE) -N N z b! RICHT-OF-WAY LINE cV a a �Q C; a S89'46'13"E - 371.74' t 32-39-26-00000-3000-00003.0 V�R I- I-QUALITY FRUIT PACKERS IR INC O.R.B. 963, PC 2384 ^0Ap NOT PLATTED (IMPROVED) 'i -RIGHT-OF-WAY LINE Legend and Abbreviations COR = CORNER Co. = COMPANY ESMT = EASEMENT L.L.C. = LIMITED LIABILITY COMPANY L = ARC LENGTH O.R.B. = OFFICIAL RECORDS BOOK MAG = MAGNETIC P.B. = PLAT BOOK P.C. = POINT OF CURVATURE P.I.D. = PARCEL IDENTIFICATION P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.T. = POINT OF TANGENT PROP = PROPERTY P.S.M. = PROFESSIONAL SURVEYOR AND MAPPER R = RANGE RNV = RIGHT OF WAY SEC = SECTION -TOWNSHIP -RANGE A = CENTRAL ANGLE T = TOWNSHIP 32-39-23-00000-5000-00028.1 A 32-39-23-00000-5000-00015.1 WALTRIP, DONN �° FISHER, ROBERT W JR & BETTY A O.R.B. 1471, PG 1169 � o;* O.R.B. 2403, PG 2102 _ _7.09-49, 9 1 j1 RIGHT-OF-WAY LINE N � j4 m l 1 `� iIL yc^ C Q 45TH STREET o LO; o y •� (NORTH GIFFORD ROAD) o a a 8 TAM m ami SOUTH LINE SECTION 23,T32S, R39E R NORTH LINE SECTION 26, T32S, R39E Y 'Q S89-46.13"EBEARING BASE) �� v C ( LO ; °' zA oiA- GRAPHIC SCALE RIGHT-OF-WAY LINE -\ Lu Z i d �c Z S89'46'1 3"E- 371.74 d a o%Oa OO 40 Q LQa Thi 0'347W-14.0 9'46'13"W - 337.86' S0 V11111,NIa > �AN„N,ZOo ?`•� (IN FEET ) 32-39-28-00000-3000-00003.0 QUALITY FRUIT PACKERS IR INC ��' Intended display scale: O.R.B. 963, PG 2384 1 inch = 40 feet NOT PLATTED (IMPROVED) THIS DRAWING DOES NOT REPRESENT BOUNDARY SURVEY PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT INDIAN RIVER COUNTY ADMINISTRATION BUILDING ov DRAWN BY: SHEET /ND/sIN R/VER COUNTY SECTION ERO 27th STREET PR ED BY: T 2 VERO BEACH, FL 32960 �BD.��� Or/YS APPROVED BY:H .3 FOR (772> 567-8000 Enq/neerin_Q Division n. _s�1oAi!'RANGE 39 QUAL/TY FRU/T PACKERS 9 T -OF -WA NE 5' NON-EXCLUSIVE 5 (' DRAINAGE EASEMENT \ O.R.B. 942, PAGE 1680 I Legend and Abbreviations COR = CORNER Co. = COMPANY ESMT = EASEMENT L.L.C. = LIMITED LIABILITY COMPANY L = ARC LENGTH O.R.B. = OFFICIAL RECORDS BOOK MAG = MAGNETIC P.B. = PLAT BOOK P.C. = POINT OF CURVATURE P.I.D. = PARCEL IDENTIFICATION P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT P.T. = POINT OF TANGENT PROP = PROPERTY P.S.M. = PROFESSIONAL SURVEYOR AND MAPPER R = RANGE RNV = RIGHT OF WAY SEC = SECTION -TOWNSHIP -RANGE A = CENTRAL ANGLE T = TOWNSHIP 32-39-23-00000-5000-00028.1 A 32-39-23-00000-5000-00015.1 WALTRIP, DONN �° FISHER, ROBERT W JR & BETTY A O.R.B. 1471, PG 1169 � o;* O.R.B. 2403, PG 2102 _ _7.09-49, 9 1 j1 RIGHT-OF-WAY LINE N � j4 m l 1 `� iIL yc^ C Q 45TH STREET o LO; o y •� (NORTH GIFFORD ROAD) o a a 8 TAM m ami SOUTH LINE SECTION 23,T32S, R39E R NORTH LINE SECTION 26, T32S, R39E Y 'Q S89-46.13"EBEARING BASE) �� v C ( LO ; °' zA oiA- GRAPHIC SCALE RIGHT-OF-WAY LINE -\ Lu Z i d �c Z S89'46'1 3"E- 371.74 d a o%Oa OO 40 Q LQa Thi 0'347W-14.0 9'46'13"W - 337.86' S0 V11111,NIa > �AN„N,ZOo ?`•� (IN FEET ) 32-39-28-00000-3000-00003.0 QUALITY FRUIT PACKERS IR INC ��' Intended display scale: O.R.B. 963, PG 2384 1 inch = 40 feet NOT PLATTED (IMPROVED) THIS DRAWING DOES NOT REPRESENT BOUNDARY SURVEY PREPARED FOR INDIAN RIVER COUNTY ENGINEERING DEPARTMENT INDIAN RIVER COUNTY ADMINISTRATION BUILDING ov DRAWN BY: SHEET /ND/sIN R/VER COUNTY SECTION ERO 27th STREET PR ED BY: T 2 VERO BEACH, FL 32960 �BD.��� Or/YS APPROVED BY:H .3 FOR (772> 567-8000 Enq/neerin_Q Division n. _s�1oAi!'RANGE 39 QUAL/TY FRU/T PACKERS 9 n rn UL December 20, 2016 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 14, 2016 SUBJECT: Draft Critical Incident Response Policy—Peter O'Bryan, Brian Burkeen and John King FROM: Peter O'Bryan Commissioner, District 4 Presentation of Draft Critical Incident Response Policy—Peter O'Bryan, Brian Burkeen and John King P198 BACK-UP AGENDA ITEM 14.13.1 INDIAN RIVER COUNTY EMERGENCY SERVICES GENERAL ORDER t Subject: Critical Incident Response Policy No. 2017-xx Expiration: TBD Page: 1 of 8 T Initiated By: John King, Fire Chief +il Approved By: John King, Fire Chief Critical Incident Response Policy PURPOSE To establish guidelines for the operation of the Critical Incident Response Policy. The sole purpose of the policy, and the major concern of this Department in providing the services of the policy, is to assist employees in coping with what they experience at certain traumatic events, and to provide support and education about critical incident stress. POLICY It is the policy of the Indian River County Fire Rescue to provide emotional and psychological support to all employees and their families involved in critical incidents. DEFINITIONS Critical Incident — Any event or incident that has the potential to cause a strong, emotional response or reaction. Critical Incident Stress Management Team (CISM) — The CISM Team shall consist of employees trained in stress-related intervention and mental health professionals oriented to the workings of a fire rescue department. Debriefing — Specially structured confidential group meetings affecting employees involved in a critical incident typically 24-72 hours with the CISM Team and notification to the mental health professional. Defusing — A process inclusive of all personnel involved in the incident. The defusing is held shortly after the incident (within a few hours) and should last a maximum of sixty (60) minutes. Defusing is conducted by a CISM Team member, in a positive, supportive, and caring atmosphere. 147-A — 1 Mental Health Professional (MHP) — A member of the CISM Team of Indian River County that includes any licensed mental health counselors, licensed clinical social workers, psychologists, or psychiatrists, trained in critical incident stress management. One -on -One Support — A process in which team members assist employees who are showing obvious signs of distress resulting from their participation in a critical incident. CISM Teamnmembers advise and counsel the Incident Commander, or designee, on topics of stress management and on specific issues related to the critical inn�derit`: For post -incident support, the CISM Team leader may assign team member to the involved employee and his/her family members. Peer Supporter - Designated Department employees wh4o volunteer to be available to anyone within the agency for support on issues,of concern to the employee. Peer Supporters- are within a.,spec`ific group. Not all Peer Supporters are a part of the CISM Team; however CISM Team members may be Peer Supporters. The. county, will provide training and support for up to fifteen personnel per shift.to be Peer` Supporters: , Stress Management;Advisory\Commfittee. - Committee comprised of the CISM Team Leader, Team Members and a Mental Health Counselor, and Volunteer Experts. SELECTION OF CISM/PEER SUPPORTERS a-: The Emergency Services Director, shall designate the maximum number of Critical Incident StressManagement (CIS1VI) Team Members and Peer Supporters necessary to pi ide for response to critical incidents and day-to-day support for Department employees. } T� Eligibility requirements for the CISM Team Member and Peer Supporter positions are as follows: 1. Non -probationary Department Employee. 2. Proven proficiency in the following: a. Department/Public Relations b. Position Management c. Professional Behavior d. Judgment and Decision Making e. Task Accomplishment 1 qB- A — 2 3. No history of untruthful or deceptive behavior as evidenced through past performance review documentation/discipline history. 4. No history of breach of confidentiality as evidenced through past performance review documentation/discipline history. 5. If applicable by time and grade, the last three (3) annual evaluations met Department standards/expectations. 6. Must be of rank below Battalion Chief. All applications must be accompanied by supervisory endorsement that will include the Supervisor's reasoning of why he/she believes the candidate is qualified for consideration as a CISM Team member or Peer Supporter. This reasoningmust include documentation su ` pportmg the above criteria. CISM AND PEER SUPPORTER Research on fire rescue personnel at the indicated that Peer Support (both proxin most, beneficial types of help traumatizE Unless previously cornple Supporter position should course. All employees for successfully complete- the make the ltraining availabl Additional,:' iiun4 bevon int Team"' H all T G and munieipalklevels has -term) is one of; if not the s appointed'to a,,CISM Team or Peer ittend a, basic CISM or Peer Support or" Peer Supporter group must pplicable course:to retain appointment. The District will i to alf"CISM Team.. and Peer Supporter members. the basic i& 91, encouraged. All Stress .. °-� ..- s ;will follow guidelines set forth in the Standard t.. O eratil _ Procedure. ACTIVATION/NOTIFICATION OF THE CISM TEAM The CISM Team will be activated by the Battalion Chief and deemed Mandatory or Discretionary as follows: 1. Mandatory Activation when any of the following incidents occur: a. Death or serious injury to any employee of Indian River County Fire Rescue, occurring on or off duty. b. Death or serious injury to another at the hands of any employee of the Indian River County Fire Rescue, occurring off duty. c. Any mass casualty incidents. lab -A-3 2. Discretionary Activation may be called for any of the following: a. Incidents involving the death or serious injury of a child. b. Accident cases involving death or serious injuries. c. Other law enforcement or emergency service agencies requesting CISM Team assistance. d. At the discretion of the Emergency Services Director or his designee. Once the CISM is activated, the following procedures shall be followed: 1. Battalion Chief will contact the current CISM Team Leader and provide a summary of the incident. In case the Team Leader cannot be contacted, the Assistant Chief will be called. 2. The Team Leader or Program Coordinator, using a -call -out list, will contact CISM Team members and the Mental Health Professional. 3. The CISM Team members will first report to the Team Leader/Program Coordinator for their assignment and,information on the incident. CISM TEAM FUNCTIONS 1. On -Scene Support.-, Team members shall maintain a low profile acting as observers, and are restricted to`the outer perimeter unless otherwise directed. CISM Team Members who observe; dverse stress, reactions shall report these findings to the.Team,Leadeh, ,If the Team, Leader, believes the affected person is incapable of',perfo iiiuig hisAier assigned duties, the Battalion Chief shall be ;notified with`recommendations. During major incidents in which the CISM Team is activated, the Team Leader shall be allowed in oreear the command post as an observer and act as a liaison'to the Incident Commander. The Team Leader shall not become involved in the operations of the incident nor have any command authority. Under some circumstances, it may be necessary for CISM Team Members to conduct one-on-one interventions at the scene. The interventions will be brief and supportive in nature. Under no circumstances shall group interventions be done at the scene. 2. Off -Scene Defusing Off -scene defusing can be an individual or group process, but will be accomplished using the approved International Critical Incident Stress Foundation (ICISF) protocol. If possible, a defusing shall be conducted 10-A- 4 within one to three hours after the incident, and in a comfortable, quiet location away from the scene. The primary purpose for the off -scene defusing is to educate employees of the possible stress reactions, and to educate employees of proper care for themselves (i.e. food, rest, things to avoid, etc.). Employees are encouraged to unwind" during this session and ventilate their feelings and emotions, if they are comfortable in - so doing. CISM Team Members shall make themselves available fo Find-i`viduals who would like to talk one-on-one after the defusing. 111 CISM Team Members shall ensure the--de-fusindo_es not turn into a critique of the incident. After all employees involved in the, incident have beenreleased, the CISM Team Leader will consult with the Battalion Chief to decide if., it is in the best interest of those involved to attender mandatory CISM debriefing would then be held with 72 hours..Such decision`will be relayed to Fire Rescue Administration. 3. Formal Debr'efng The formal-='-g" ormal-debriefngprocess serves mittgate,the stress impact resulting from exposurd to a critical incident, through ventilation of feelings and emotions, alo g With informational\and educational components. TheF.debrief:ng has proven to`be, the most beneficial and accepted method of utervention:-It produces. a therapeutic effect and hastens the recovery pM, Z .:dam \ . rocess by allowing. participants to understand their own stress responses and i&see that others_ have `similar responses. A foringdebriefing shall generally be held between 48 to 72 hours after the incident. Tie`formal'=debriefing shall be conducted by the CISM Team Leader with the assistance of team members and attended by the Mental Health Professional (MHP). Media personnel or uninvolved observers shall not be allowed in the debriefing. Note taking, recorders, or video equipment shall not be allowed. All employees involved in the formal debriefing shall give their full attention to the session. Therefore, no radios, pagers, telephone calls, or any other interruptions shall be allowed. 1 Q s -A- 5 Employees are reminded that the formal debriefing session is not a critique. Judgment calls or use of rank authority are not appropriate for a setting of this nature. SUPERVISORY RESPONSIBILITIES AT THE SCENE A CISM Team Member, designated by the Team Leader; shall respond directly to the scene when applicable. The Team Member shall make personal contac/With�-the- involved employees) and separate him/her from the scene as soon as.practicable The Team Leader shall assume responsibility for assuring the,remaining sections of this procedure are implemented. AT THE STATION The Team Leader or designee shall'make, n_ otifi ati� -to the MHP and request his/her response.' The involved employee.(s) shall be allowed to contact_his/her spouse/significant other, if desired. Upon arrival of the `MBP, the)Team- Leader or designee shall brief the MHP on the circumstancet`of,the incident;-_dnd.`.the-MHP shall be provided with all reasonable assistance: w=_;_. , IN In the event tl_i! olved employee is injured and/or hospitalized, the supervisor and Team Leader will make every effort to follow this procedure within the constraints of emergency;edical priorities. In the event the involved employee is seriously injured and hospitalized, the Director of Emergency Services, or his designee, or such other person as may be requested by the injured employee, shall respond and make contact with the employee's spouse and family. In the event an employee is fatally injured, the Line of Duty Death Standard Operating Procedure will be followed for CISM/Peer Supporter procedures. 141-A-6 A CISM Team Member shall be assigned to contact each involved employee and provide support and assistance until such time as the involved employee is stabilized at home. The involved employee may elect to contact a person of his/her choosing in lieu of a CISM Team Member or Peer Supporter. When the involved employee's chosen support person arrives: 1. If the person is an employee of Indian River County Fire Rescue, the CISM Team member will leave. 2. If the support person is a non-member of the Department, the Team Member will remain available until relie�edby the proper authority. If the CISM Team Member is an on -duty employee, t eh employee shall be excused from other duties. If the team member is off-duty employee; the Battalion Chief shall authorize reasonable overtime. The CISM Team Leade\hthe involved employee's supervisor, shall make the necessary contact with the, CISM Team member. IMMEDIATE POST INCID The involved employee shall be affo` 1. He/she shall be allowed to 6 2. With prior, Command appro-, up, shower, and/or, charige,_clotl debriefing/defusit4. INSIDER�ATIONS .d th6-01owingconsiderations: n,down in• astable, private location. ;,the employee -'shall be permitted to clean ij, prior to undergoing a 3.'Personal-needs of th'e,employee should be met as soon as practicable to include family response, religious needs, and the intake of food and/or liquids if desired., } When the MIIP, arrives: 1. The MHP' All be�,introduced to the employee and offer his/her services at that time. 2. The MHP shall`provide the employee with a way to contact him/her should the need arise. CONFIDENTIALITY It shall be the duty of all CISM Team Members and Peer Supporters, while acting in that capacity, to keep information communicated to them as confidential. 119-A-_7 Debriefings, defusings, and one-on-one interventions, including topics discussed and employees involved, shall be maintained in the strictest of confidence. The Team shall provide emotional support for the employee(s) involved in a critical incident. A Team Member shall not act as an investigator in a criminal and/or administrative investigation of the incident. The purpose of the Team's involvement at any incident shall not include fixing blame or responsibility upon any employee, and team members shall not permit this type of discussion to enter into any conversations..-,- No notes or any other records shall be made of anydefusing, debriefings, or interventions. Ordinarily, defusing and debriefing will no6e the subject or focus of internal investigations and team members shall `not be questioned cbncerning their knowledge or involvement in these sessions. However, Team�l'vlembers are required by Department policy to disclose allwiolatidris of law. Team Members are required to disclose all violations:, of Departmentpolicy regarding acts. or behaviors that could constitute criminal acts-.,--,placee the Department at risk of civil liability, or place other employees or citizens\;at:risk. if -the act or.behavior were repeated. Team Members are required b_y Department..policy to -notify the, appropriate Battalion Chief of any employe e they believe is not fit4or, duty. t _ Per F. S. S. 491.0147,'° all sessions conducted. by a licensed mental health professional are confidential, Anaconsidered privileged communication and not subject to. subpoena. Except. as'`required ir%an official., proceeding; team members must maintain confidentiality and will -:,sign a Memorandum of Confidentiality per the Stress ManagementTeam Standard Operating Procedure. Failure to do so shall result in immediate removal from the'team and may result in disciplinary action. 14 Y- A,- 8 Indian River County Stress Management program is a peer -driven support system for Fire Rescue Personh'e-l. INTRODUCTORY GUIDE --BOOK 2017 K� MISSION STATEMENT 1 VISION STATEMENT 1 INTRODUCTION 2 UNIT i DEFINITION 3 UNIT z DUTIES AND RESPONSIBILITIES 4 PROGRAM ADVISORY COMMITTEE 4 CISM TEAM LEADER 4 MENTAL HEALTH COUNSELOR 5 CISM TEAM MEMBER 5 PEER SUPPORTER 6 UNIT 3 SELECTION AND TRAINING 7 SELECTION 7 PEER SUPPORT TRAINING 8 CISM TEAM LEADER/MEMBER TRAINING 8 SKILLS AND TECHNIQUES SUMMARY J 9 UNIT 4 RULES AND REGULATIONS 10 SERVICE ASSIGNMENT -" 10 ORGANIZATION RESOURCES 10 UNIT 5 CONFIDENTIALITY 11 UNIT 6 DISCIPLINE 12 INTERNAL INVESTIGATIONS ,• "` 12 _ INVESTIGATIONS?INVOLVING MEMBER/SUPPORTER 12 r 1 ,r' MISSION STATEMENT The mission of the Indian River County Fire Rescue Stress Management Program is to provide an additional choice for all Department employees and their families to deal with personal and/or professional problems, using designated, trained Department Colleagues (known as Peer Supporters) as a means to confidentially talk about current challenges, and to provide support and education about Critical Incident Stress. VISION STATEMENT Indian River County Fire Rescue recognizes that its most valuable resource is mentally and physically healthy employees who are able to respond effectively to.their individual tasks, coping with stress-related incidents in a positive'manner. 1 `^ I q 8-B -3 Almost everyone has experienced, or will experience, a stressful situation in his/her lifetime. It is during these times that family and friends come to the rescue and are able to provide needed support and understanding that help overcome life's challenges. The Stress Management Program, composed of personnel trained in Peer Support and Critical Incident Stress Management (CISM), is one of those "friends" available to every Indian River County Fire Rescue employee. If the challenge is more than the employee can handle alone, a team member will be available to help. One of the aims of the Stress Management Program is to promote and maintain an atmos- phere of fairness and compassion within our internal "family" by helping employees cope with stressful situations. We recognize the value of providing a means for employees and their families to cope with personal and/or professional problems. A successful approach to this problem for many agencies has been to provide, in addition to the current Employee Assistance Program (EAP), a non-professional (Peer) driven program. This program gives employees and their families another means to talk out personal and/or professional problems confidentially with someone who understands and cares. This handbook has three specific objectives: 1. To provide a background for understanding the Department's Stress Management Team 2. To provide practical guidelines for management of the program. To provide Stress Management Team members with guidelines for assisting their peers. As the $.tress Management.Program matures, policy'and procedure changes are inevitable. The Advisory Committee and the Peer -Supporters shall be required to keep open lines of communication to facilitate this process. Effective, honest communication in a caring environment, balanced by -the program protocol, will greatly enhance the success of the program. lqB-S,-q Definition The Stress Management Program offers assistance and appropriate support resources to employees when personal and/or professional problems negatively affect them, their work performance, or their family unit. This program is designed to: • Contribute emotional support during and after times of personal and/or professional crisis. • Promote trust, allow appropriate anonymity, and preserve confidentiality for persons using the Program. • Train Team Members to identify the symptoms of stress and personal conflicts and to provide guidance and/or referral to professional/alternate resources as required. • Maintain an effective Stress Management training and resource program. • Contact employees absent from work due to extended illness, line of duty injuries, administrative leave, and other stressful situations to ensure them that the Department does care and is concerned about their well-being. • Arrange for support and education about Critical Incident Stress. • Deliver One -on -One intervention, Group Defusing, and Debriefing to agency members, family of affected employees, and Emergency Service personnel within Indian River County. 3 Program Advisory Committee The Stress Management Advisory Committee acts as the policy setting group for the pro- gram's operation and future direction, subject to review and approval by the Director of Emergency Services. The committee also participates in the selection process for Peer Supporters. The Advisory Committee will consist of: CISM Team Leader Mental Health Counselor CISM Team Members (i per shift) Volunteer Outside Experts (CISM) Team Leader The Team Leader, appointed by team representatives, will act as the primary liaison between the Advisory Committee, community resources, and the Department serving as a link to ensure that the Program is being managed in accordance with the goals and objectives established for the program. Duties Include: • Overseeing the program on a daily basis • Serving as a member of the Advisory Committee. • Recruiting and coordinating'the screening of Peer Support applicants. • Coordinating, training and Peer Supporter meetings.- • Developing resources to assist individuals when problerriJareas are identified. • Maintaining only statistical data. • Providing guidance and assistance to Peer Supporters. • Coordinating follow-up with Peer -Supporters when referrals are made to identified community resources. a lag-$ -�, Mental Health Professional Mental Health Professionals shall familiarize themselves with the workings of the Indian River County Fire Rescue and public safety disciplines. To assist in this familiarization, it is recommended that they visit stations routinely and become familiar with all employees to ensure trust and rapport. Mental Health Professional shall: • Possess a Master's degree or above in Behavioral Science, Psychology or related disciplines. • Be a licensed mental health counselor, licensed clinical social worker, psychiatric nurse, or hold an equivalent licensure. • Be experienced in critical incident stress and crisis intervention. • Conduct support group sessions for Team Members or those in crisis. • Assist in training/education of Team Members. • Make recommendations, as required. • Be available for assistance, as needed. CISM Team Member Members of the CISM Team (z per shift) are to be chosen by the Peer Supporters from among their group. They must have received the minimum additional training of an ICISF approved Basic CISM course. The individuals with this training may serve as Team- Members for all Defusings and Debriefings. As the program progresses,.those Individuals µ". who have served as Team Members for at least io Defusings/Debriefings may qualify to serve as Team Leaders. A Team Member will assist the Team Leader as needed as well as: • Act as on -scene observer for adverse stress reactions during Critical Incidents. • Conduct one-on-one interventions at the scene. • Make notifications for additional support personnel needed in defusing/debriefing. • Make physical arrangements for off. -site defusing.. r • Ensure that -personnel are welcomed and provided atmosphere in which they can "unwind" and receive refreshments and food., • Maintain control of defusing/debriefing'fo ensure that it does not become a critique of the incident. �y t • Maintain integrity andfconfidentiality of program. Role of the Peer Supporter Peer intervention is the basis for support and assistance to employees in time of stress and crisis. As a member of the Stress Management Program, Peer Support is the first level of training and interaction. Peer Supporter responsibilities are as follows: • Convey trust, anonymity and assure confidentiality within guidelines to employees who seek assistance through the Stress Management Program. • Provide assistance and support on a voluntary basis and agree to respond to the station and/or the scene whenever possible. • Attend Peer Support update training and group sessions. • Additional training will be ongoing and required to remain an active Peer Supporter. • Assist the employee by referring him/her to the appropriate outside resource when necessary. • Be available to the individual for additional follow-up support. • Maintain contact with the Team Leader regarding program activities. The Peer Supporter is not exempt from federal, state, local laws, or the rules and regulations of the department. When necessary, peer supporters shall always contact the Team Leader for assistance and guidance. 6 � � v Selection All interested employees who choose to volunteer for the program must submit their written request via memorandum through their chain -of -command to the Stress Management Team Leader. Prospective Team Members and Peer Supporters must be willing to meet the following criteria: • Agree to maintain confidentiality within the established Department guidelines. • Be empathetic and possess effective communication skills. • Be motivated and willing to manage time effectively. This will allow minimal impact on their normal duties. Must attend and successfully complete the training program. • Must attend on-going training. • Commit to the Peer Support program for a period of at least one (1) year. Eligibility requirements for all Stress Management Program positions are as follows: • Non -probationary Department Employee. Proven proficiency in the following areas: Department/Public Relations, Position Management, Professional Behavior, Judgment and Decision Making, and Task Accomplishment • No history of untruthful or deceptive behavior as evidenced .through past performance review documentation/discipline history. • No history of breach of confidentiality as evidenced through past performance review documentation/discipline history. • If applicable by time and grade, the last three (3) annual evaluations met Department standards/expectations. • Must be of rank below Battalion Chief. The Advisory Committee will recommend candidates suited for appointment as a Peer Supporter to the Director of Emergency Services for final approval. Any employee may J seek support from any of,the named supporters and does not have to stay within his/her work group. Peer Support Training Program The major emphasis will focus on skill development for conducting Peer assistance. The main areas covered include: • Effective listening. • General assessment skills. • Problem -solving skills. • Personal crisis skills (death, divorce, etc.). • Referral and follow-up. Follow-up training and workshops will be scheduled to enhance problem -solving skills, provide group sharing, and allow an exchange of experiences. CISM Team Leader and Member Training Program The major training emphasis will focus on the program approved by the International Critical Incident Stress Foundation known as the "Mitchell Model". The main areas covered include: Pre -Incident Education/preparation • Demobilization • Defusing • Debriefing • Individual intervention • Family CISM • Follow-up Referral Program Skills and Techniques The purpose of this training is to provide the Team Member with a summary of the guidelines to use,when dealing with situations under field conditions. These guidelines are the basic tools for providing assistance. Used properly, they will help boost Team f Member confidence andwill reduce the risks of mismanaging emotional problems. For additional guidance; the member should refer to the material provided during training. 8 Skills and Techniques Summary The purpose of this section is to provide the prospective Team Member and Peer Supporter with a summary of the skills and techniques used when dealing with situations under field conditions. Used properly, they will help boost Team Member/Peer Support- er confidence and will reduce the risks of mismanaging emotional problems. These are the basic tools for providing assistance that will be addressed in detail during program training: Listening - Listening techniques are fundamental to the use of all other interviewing skills. The purpose of effective listening includes: • Encouraging self-expression. • Allowing individual opportunity to direct the interview. • Giving individuals a sense of responsibility for what happens. • Helping individuals relax and be comfortable in the interview. • Fostering trust of the individual and a sense of security. • Enabling the Peer Supporter to draw more accurate inferences about the individual. Assessment - The process of making a judgment about the information gathered during the interview. Among several factors to be considered the main ones are to: • Assess whether the problem is one with which you can assist the -person or one that should be referred to professional resources. • Assess whether the problem needs urgent attention. . Referral -The process of directing the person in distress to the appropriate professional service(s) available. �, f Follow-up — Once assessment and referrals have.be'en made, the person's progress should be monitored arid follow-up assistance provided as needed. r" Service Assignment Stress Management Team Members must commit to the program for a period of at least one (1) year. Team members may voluntarily withdraw from participation after notifying the Program Coordinator. • Team members shall be removed from participation in the program for conduct inconsistent with program policy and objectives. • The Team member's supervisor should report conflicts between job performance and team duties to the Program Coordinator. • All team members will abide by rules of confidentiality per Department Policy and Standard Operating Procedure of Stress Management Team. Failure to follow policy will result in immediate removal from Stress Management Team. Organization Resources The following guidelines provide the Team Member with formal authority to obtain certain organizational resources and support needed to assist employees: • Requests for advanced training will follow the established chain of command. • The Team Member is authorized to use Department facilities to meet with an employee, with appropriate prior approval as necessary. • The Team Member is permitted to consult with employees on duty with advance notice to the Team Leader and approval from their Battalion Chief. No names or personal identifiers will be given to the supervisor. • Participation in the program is voluntary and'no overtime or compensatory time will be authorized for time expended performing Peer Supporter duties. r' I r 10 The acceptance and success of the Stress Management Program will be determined, in part, by the observance of confidentiality. It is imperative that each Team Member/Peer Supporter maintains strict confidentiality of all information learned about an individual within the scope and guidelines of this program, including when the member/supporter no longer serves in this capacity. Communication between the Team Member/Peer Supporter and a person is considered confidential except in matters that involve the following: • Danger to self. • Danger to others. • Suspected child abuse. • Narcotic offenses. • Domestic violence. • Suspected elderly abuse. • In cases where law requires divulgence. Violations of Department policy regarding acts or behaviors that could constitute criminal acts, place the Department at risk of civil liability, or place other employees or citizens at risk if the act or behavior were repeated. A general principle for Team Members/Peer Supporters to follow is to inform the person, prior to discussion, what the limitations and exceptions are regarding the information revealed. Team Members/Peer Supporters have no statutory privilege of confidentiality, and em- ployees must understand that a team member should'not be"burdened with admissions or confessions ofimproper or illegal`behavior. In those cases where a concern or a question regarding confidentiality arises, the team member must immediately contact the Program Coordinator or assigned designee who will then take appropriate action. f f it lq?-b -13 Internal Investigations When a Team Member or Peer Supporter is assisting an individual who is or becomes the subject of an internal investigation, he/she should be guided by the confidentiality policy of the Stress Management Program. He should not volunteer any information received in confidence, however, Team Members/Peer Supporters may not hamper or impede the actual investigation, nor may they attempt to shelter the individual from the investigation. The Stress Management Team Member's/Peer Supporter's role in disciplinary situations should be one of support and assisting individuals through the stress they may face during the disciplinary process. If Team Members/Peer Supporters have any questions or concerns regarding these situations, they should consult with the Team Leader for guidelines and assistance. Investigations Where the Stress Management Team Member Is Involved When a Team Member/Peer Supporter is involved in an incident with a fellow employee who now wants to discuss the incident with him/her in the peer support role, the member shall refer the employee to a different Peer Supporter through the Team Leader. If a Team Member/Peer Supporter should become an active investigator or material witness regarding an employee's actions, he/she shall not become involved in a Peer Supporter role, but shall ensure the Team Leader is aware of the potential conflict..•--"^ s .r' 12 1 Qg=g -H BCC AGENDA December 20, 2016 ITEM 14.D (1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 14, 2016 SUBJECT: Minor South County Annexation FROM: Commissioner Bob Solari A county resident, Oszkar Szentirmai, is the owner of a residential parcel of land about 70% of which is in Indian River County and 30% in St. Lucie County. I would like to discuss with the Board the possibility of annexing the 30% into Indian River County if St. Lucie County agrees to the annexation. Thank you. P199 December 20, 2016 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 14, 2,016 SUBJECT: 16th Street Ball Field Property FROM: Tim Zorc Commissioner, District 3 Discussion Item: The 16th Street Ball Field property was designated surplus by the Board of County Commissioners at their meeting of May 10, 2016. Since that time, the future right-of-way needs for both 16th Street and 20th Avenue have been reviewed. The Board of County Commissioners recently deducted a portion of the property for the St. Francis Manor lease, leaving 11.57 acres as the residual to surplus. According to the City of Vero Beach GIS Data catalog, the current underlying zoning on the County owned property is R-1 — Residential Single Family. The surrounding properties include the following: Directly north of the subject property is owned by St. Francis Manor and is zoned RM -13 — Residential Multifamily and High Density; Directly north east of the subject property is owned by the Boys and Girls Club of Indian River County and shares the east boundary. This site is zoned H --- Hospital and Institutional; Directly east of the subject property is owned by the Indian River County School District with a use as the Football Stadium for Vero Beach High School. The property is zoned RM -13 — Residential Multifamily and High Density. I am asking the Board of County Commissioners to authorize the County Administrator to order an appraisal that would address separate values for the "as is" value utilizing the existing zoning and land -use designation and the "hypothetical condition" with a change in zoning and land -use to a high density multifamily designation. The listing of each value would be separately identified in the appraisal. P200 December 20, 2016 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 14, 2016 SUBJECT: 16th Street Ball Field Property FROM: Tim Zorc Commissioner, District 3 Discussion item: The 16th Street Ball Field property was designated surplus by the Board of County Commissioners at their meeting of May 10, 2016. Since that time, the future right-of-way needs for both 16th Street and 20th Avenue have been reviewed. The Board of County Commissioners recently deducted a portion of the property for the St. Francis Manor lease, leaving 11.57 acres as the residual to surplus. According to the City of Vero Beach GIS Data catalog, the current underlying zoning on the County owned property is R-1 — Residential Single Family. The surrounding properties include the following: • Directly north of the subject property is owned by St. Francis Manor and is zoned RM -13 — Residential Multifamily and High Density; • Directly north east of the subject property is owned by the Boys and Girls Club of Indian River County and shares the east boundary. This site is zoned H --- Hospital and Institutional; • Directly east of the subject property is owned by the Indian River County School District with a use as the Football Stadium for Vero Beach High School. The property is zoned RM -13 — Residential Multifamily and High Density. I am asking the Board of County Commissioners to authorize the County Administrator to order an appraisal that would address separate values for the "as is" value utilizing the existing zoning and land -use designation and the "hypothetical condition" with a change in zoning and land -use to a high density multifamily designation. The listing of each value would be separately identified in the appraisal. P200 �/ /15-1, f'L'. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of the Emergency Services District Date: December 5, 2016 Subject: FY 2015-2016 Records Disposition Compliance Statement and Records Management Liaison Officer Form Emergency Services District From: Doris E. Roy, Records Management Liaison Officer Assistant to the County Administrator Description Florida Public Agencies are required to maintain specific information documenting the disposition of public records. According to Rule 1B-24.003(11), Florida Administrative Code, each agency is required to submit an annual statement to the Division of Library and Information Services, Florida Department of State, which includes a signed records management compliance statement attesting to the agency's compliance with Florida public records disposition laws, rules, and procedures. Attached is the annual Records Management Compliance Statement for Fiscal Year 2015-2016 for the Indian River County Emergency Services District. Recommendation It is recommended that the Chairman be authorized to sign the Records Management Compliance Statement for Fiscal Year 2015 - 2016 for the Indian River County Emergency Services'District. Attachments: Letter dated November 1, 2016 from the Florida Department of State Record Disposition Compliance Statement P201 RICK SCOTT Governor November 1, 2016 Ms. Doris E. Roy Indian River County Emergency Services District 1801 27th Street Building A Vero Beach, FL 32960-3388 Dear Ms. Roy: KEN DETZNER Secretary of State As a Florida public agency, you are required by Rule 1B-24.003(1 1), Florida,4dministrative Code, to submit annually to the Division of Library and Information Services "a signed statement attesting to the agency's compliance with records disposition laws, rules, and procedures." Based on these annual statements, an annual report on statewide compliance is submitted to the Legislature and the Executive Office of the Governor for their consideration and action. For your convenience, we are providing the enclosed Records Alanagement Cazzpliaizce Statenze�zt to report your agency's compliance status. Please complete all information in Section 1, the Compliance Certification, and make any necessary additions or corrections in Sections II and Ill. Please return one signed copy of the form (do not return this letter) to the mailing address or email address indicated at the bottom of the form by December 30, -2016. We appreciate your prompt attention to this matter. if we can be of service to your agency, please do not hesitate to contact us at 850.245.6750 or recrn !@dos myflorz_. Sincerely, Gerard J. Clark, Bureau Chief, Archives and Records Management Division of Library and Information Services GJC/eg Enclosure Division of Library and Information Services R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 850.245.6600 • 850.245.6735 (Fax) • info.florida.gov P202 RECORDS MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2015-2016 AgencylD- N0000164 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1B-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic, including = email; microfilm; audio; video; etc.). O Yes ❑ No (Unmarked responses will be recorded as not in compliance.) v enc disposed 2. This a of dr� 'v= agency p cubic feet of records during the fiscal year indicated above, C3. This agency disposed of records in electronic form during the fiscal year indicated above. O U ❑ Yes ❑ No (It is not necessary to indicate volume of electronic records disposed.) d v 4. ❑ Check here if you would like to be contacted for assistance. Indicate your questions/areas of concern on the fn reverse side of this form. Agency Head Signature: Date: V Name of Agency Head (please print): c OSe b h Sl' P Title of Agency Head (please print): Cha 1 r m0_rL Ji, Please indicate changes to Agency Information on the lines provided on the right. Current Information: Please do not erase or cover information below. Indicate changes or additions on the lines below CAgency Name. Indian River County Emergency Services District ' rDh Agency Head: Mr. Bob Solari J OS�r �, Mr ( lam., ear N Address: 1801 27th Street O Building A QVero Beach, Florida 32960-3388 Section 257.36(5)(a), Florida Statutes,' requires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, C please designate an RMLO for your agency on the lines provided on the right. O Current Information: Please do not erase or cover information below Indicate changes or additions on the lines below O O RMLO: Ms. Doris E. Roy 40 t) Address: 1801 27th Street W Building A J Vero Beach, FL 32960-3388 Phone: (772) 226-1408 Ext.: Email: droy@ircgov corn Saetinn 9S7 •tares ei".-:r_ n -- •--•-.. • •-• •�- �•-...._,. . �, u e purposes or rnis section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and efficient management of records." =Rule 1 B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: 1 Records retention schedule number; 2. Item number; 3. Record series title; 4. Inclusive dates of the records; 5 Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form; and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 30. 2016 (submit one cony only, please) to: Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 P203 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen, Assistant Chief DATE: December 6, 2016 SUBJECT: Work Order #2 for Fire Rescue Station #14 (26th Street and 66th Avenue) It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners. DESCRIPTION: On December 16, 2014, the Board approved construction services to the 26th Street and 66th Avenue site that in the future will become a new fire -rescue station. As you will recall, staff recommended commencing improvements in phases due to the current economic conditions. Staff acknowledges there has been some discussion of other potential locations in the SR 60 corridor. Staff is now presenting Work Order #2 for commencement of construction of Fire Station #14. Continuing with the Board approved Professional Design/Build Services Agreement with Barth Construction; the attached work order outlines the projects and associated cost with a Guaranteed Maximum Price of $2,446,869.00. FUNDING: This is a planned expenditure and is detailed in the County's Capital Improvement Element (CIE). Funds for this project are from Optional Sales Tax and Impact Fees. ITEM Amount Account Number Station 14 WO 42 $2,446,869.00 10312022-066510-15015 31512022-066510-15015 Under the county's code, the purpose of all funds collected from emergency services impact fees shall be used for capital improvements to emergency services facilities within jurisdiction of the county and not for maintenance or operations. The improvements included in Work Order #2 are necessary to accommodate new growth and development in the county. P204 RECOMMENDATION: Staff recommends approval of Work Order #2. ATTACHMENTS: Work Order #2 Barth Construction, Inc. GMP P205 Indian River County Emergency Services District Board of Commissioners 4225 43rd Avenue Vero Beach, Florida 32960 Telephone: (772),226-3900 FAX: 772-567-9323 Project: Fire Station 14, 26th Street and 66th Avenue Preparation and Improvements_ Emergency Services District WORK ORDER NO. 2 FOR DESIGN/BUILD AGREEMENT PHASE WITH Barth Construction, Inc. This Work Order No. 2 is in accordance with the existing DESIGN/BUILD AGREEMENT PHASE I dated December 6, 2012 between Barth Construction, Inc (Design/Builder) and Indian River County (County). This Work Order No. 2 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 2 is for the Design/Builder to perform work in connection with the Preparation and Improvements to the proposed Fire Station 14 located at 261 Street and 66th Avenue. SECTION II - SCOPE OF SERVICES Completion of site development to include; installation of the fire line and DDCV, connection of the water service to new fire station building, installation of new pad, mount FPL transformer and underground feeders, installation of the remaining site drainage systems and final grading of site, installation and completion of the site concrete drives, parking and sidewalks, completion of the onsite landscape, sod grassing and irrigation system and construction of a 3 bay, prototype fire station building based upon the drawing set dated December 8, 2015. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. Time for Completion shall be prior to October 1, 2017. SECTION IV — COMPENSATION The County agrees to pay, and the Design/Builder agrees to accept, for the above described services rendered a total amount of $2,446,869.00. Any additional services not described hereon shall be pre -approved by the County. 1 P206 All invoicing shall include Work Order No. 2 (WO 2), itemized costs and materials expended to complete the Work. Payments shall be in accordance with the original Agreement dated December 6, 2012. The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this 20th day of December 2016. OWNER: DESIGN/BUILDER: BOARD OF COUNTY COMMISSIONERS BARTH CONSTRUCTION, INC INDIAN RIVER COUNTY, FLORIDA (Signature) Joseph E. Flescher Chairman Approved as to Form and Legal Sufficiency: William K. DeBraal Deputy County Attorney 2 (Signature) P207 illBARTH Construction, Inc. General Contractor December 9, 2016 John King Indian River County Emergency Services 4225 43 rd Avenue Vero Beach, Florida, 32960 Re: Station # 14 Mr. King, CGCO07847 We are pleased to present to you our proposal for the construction of the Fire Station #1.4 site development and the new fire station building in the amount of $2,446,869 This proposal includes the construction of a 3 -Bay, Fire Station Building. This includes site development costs, water, sewer, lift station, fire sprinkler system, paving and drainage. Thank you AFykeJasons Barth Construction, Inc. 1717 Indian River Boulevard * Suite 202A * Vero Beach, Florida 32960 Phone: (772) 778-3072 * Fax: (772) 770-3017 E-mail: info ,barthconstruction.com * Internet: www.barthconstruction.coni I4:\Current Projects\IRC Fire Stations 2011\IRC Fire Station ##13\Firc Station Buiulding GMP letter 1.12.15.doc P208 li 4.3 Minute Response Areas for Fire Stations 3, 12, and 13 Q D � z 26TH ST n LI I U T(1'3 '�I I I Qq Z OD 9TH ST SW I 4 N _, 0 z O Fire Stations A Existing A Proposed rrt FireStation 12 Response Area 1•-•) (4.3 minutes) FireStation 13 Response Area (4.3 minutes) CZFireStation 3 Response Area (4.3 minutes) 0 1 i 2 i Mil l s Q D � z 26TH ST n LI I U T(1'3 '�I I I Qq Z OD 9TH ST SW I 4 N it 4.3 Minute Response Area s s 1 /-tiJ ti�/• ` �-" for Proposed Station at ( _ _ , 1? ry y+ { 26th St & 66th Ave `.'► -�-; _�_ Q Fire Stations A Existing Proposed C3Proposed Station Response Area (4.3 minutes) cz. FireStation 12 Response Area (4.3 minutes) FireStation 13 Response Area (4.3 minutes) cz. FireStation 3 Response Area (4.3 minutes) 0 1 2 Miles I A -------------- T I IN % r— ♦ -1 �� 2`6"T_H ST ( - ♦w ;♦ ."i Ar/jV�IA T1 .7'P 20TH ST j '" 444 r � _ ♦ t � ` I I'�-I t I-' �'-I � I ��� � y allo 8TH ST It ' I 1 I I I I ISN- I I I — I �u'. I 513 (®j� 9TH ST SW N 0 Im J, 4.3 Minute Response Areas for Fire Stations 3, 7, 12, and 13 Fire Stations A Existing ® Proposed 0 1 Miles a cm 00 I 9TH ST SW i 'Ju UL C ra i 1 l' 'J1-3 1 r rL-jI�- QCVIn a� !IQ� L i 'r mI r, r,TA =S 4.3 Minute Response Area for Proposed Station at 20th St & 82nd Ave STATE ROAD 60] 60 I r Fire Stations A Existing A Proposed Proposed Station Response Area (4.3 minutes) l FireStation 12 Response Area (4.3 minutes) C3FireStation 13 Response Area (4.3 minutes) czFireStation 3 Response Area '' (4.3 minutes) 1 2 F- il Miles I ►'53RD ST ' l 4 v��,• 4 '' �•�" = �� F- il � � Q � 1 -{ter ---- p'i--=•- j N j + I ♦ *1 :f} r i T i � 26TH ST ' r' , ��" r- .. � _ ^� a -_ j �fe ,,;,�.,..�1 • , 26TH STj J �- IT _�- -- 20TH ST • I'� t ti+Uil 1 I 1 ��J- I t �11 �� Irl•, 4 fTr yr, "1!' Z m 8TH ST f I� L � 3 _I~-Im,u a —:— > C�JDII Eji HDII11 9TH ST SW E9TH ST SW] f �♦ ♦ ��� .r U ( L-,, IR" I , t w�►J+c A,�� I I ; I! >'!c 4.3 Minute Response Area �T for Proposed Station at -- 20th St & 82nd Ave ' � i—Air— -177— JA 177— ', I — - • 28TH ST � I DROKD-61 =-ITH STSTATE — 20TH ST 60 � - _ -- _ _-_-- -� _ -✓I I� ��j j I-I --% i � ��=^ I I IY `\IfitIi r1 `J ♦ r � I `lI 1 Ig`��yi0_I �� J�� .1 ♦U0-01 tia ♦ —16TH lot-to w' 00 _ 2THST I (,—♦� Ls�iIr._.� l% 14 jP Fire Stationsqf7 J-11 ,- i �I t � ^II`' r-►` i r A Existing - - + �L Proposed Z -- --ol X13} Proposed Station Response __�_ _ _ _ _ • Area (4.3 minutes) J 0 I 1'Vt 2 ; I � ;1ST4ST�SW� I I� �rt�/1 ! I Q rw m" Rre Station Area of 4.3 minute Response Area (on square miles) Area of Intersection with Rre Station 3 (in :square miles) Percentage overlap of Proposed Station with, Fire Station 3 3 11.41 Proposed Site ,at 26"" St & 66'h Ave 15.45 4.24 .27.4% Proposed Site at .2& St & 82'"d Ave 15.5 10.16 3.8% U:\Projects\Commissioners\District3\201,6 10923 FireStations_SAs_byTraveMmrae\M,aps\2016_1114 The projected 20 -year cost to build, equip and staff a new two bay fire station is: 1 -Two Bay Fire station 20 -year plus life 1 -ALS Engine Replaced at 10 -year intervals 1 -ALS Ambulance Replaced at 5 -year intervals 17 -New Emergency services Employees $42,500,000.00 Area of 4.3 minute Response Percentage Overlap of Fire Station Area (in square miles) Area of Intersection with Fire station 3 (in square miles) proposed station with Fire Station 3 3 11.41 Proposed Site at 26" St & 66th Ave 15.45 4.24 27.40% Proposed Site at 20th St & 82nd Ave 15.5 0.6 3.80% Hidden cost of overlapping service areas. The projected 20 -year cost to build, equip and staff a new two bay fire station is: Proposed Site at 26th St & 66th Ave Overlap 27.40% $42,500,000.00 $11,645,000.00 Proposed Site at Overlap 3.80% $1,615,000.00 26th St & 66th Ave However the largest cost not factored in the 26th Street site is the requirement to build another firestation to replace the temporary station located off 90th Avenue. Estimated cost $2.3M I S-6.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of the Solid Waste Disposal District Date: December 5, 2016 Subject: FY 2015-2016 Records Disposition Compliance Statement and Records Management Liaison Officer Form Solid Waste Disposal District From: Doris 'E. Roy, Records Management Liaison Officer Assistant to the County Administrator Description Florida Public Agencies are required to maintain specific information documenting the disposition of public records. According to Rule IB -24.003(11), Florida Administrative Code, each agency is required to submit an annual statement to the Division of Library and Information Services, Florida Department of State, which includes a signed records management compliance statement attesting to the agency's compliance with Florida public records disposition laws, rules, and procedures. Attached is the annual Records Management Compliance Statement for Fiscal Year 2015-2016 for the Indian River County Solid Waste Disposal District. , Recommendation It is recommended that the Chairman be authorized to sign the Records Management Compliance Statement for Fiscal Year 2015 - 2016 for the Indian River County Solid Waste Disposal District. Attachments: Letter dated November 1, 2016 from the Florida Department of State Record Disposition Compliance Statement P209 P� r O.IE FLORIDA DEPARTMENT Of STATE RICK SCOTT Governor November 1, 2016 Ms. Doris E. Roy Solid Waste Disposal District 1801 - 27th Street Vero Beach, FL 32960-3388 Dear Ms. Roy: Indian River County KEN DETZNER Secretary of State Indian River County NOV-32010 Office of the County Administrator As a Florida public agency, you are required by Rule I B-24.003(] 1), Florida Adndnistraiir-e Code, to submit annually to the Division of Library and Information Services "a signed statement attesting to the agency's compliance with records disposition laws, rules, and procedures." Based on these annual statements, an annual report on statewide compliance is submitted to the Legislature and the Executive Office of the Governor for their consideration and action. For your convenience, we are providing the enclosed Records rl9anagement Compliance Statement to report your agency's compliance status. Please complete all information in Section 1, the Compliance Certification, and make any necessary additions or corrections in Sections II and 111. Please return one signed coAy of the form (do not return this tetter) to the mailing address or email address indicated at the bottom of the form by December 30, 2016. We appreciate your prompt attention to this matter. If we can be of service to your agency, please do not hesitate to contact us at 850.245.6750 or recmgt@dos-myflorida.corn. Sincerely, Gerard J. Clark, Bureau Chief, Archives and Records Management Division of Library and Information Services GJ C/eg Enclosure Division of Library and Information Services R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 850.245.6600 • 850.245.6735 (Fax) • info.florida.gov P210 RECORDS. MANAGEMENT COMPLIANCE STATEMENT Fiscal Year 2015-2016 AgencylD: N0000527 1. This agency is in compliance with Section 257.36(5), Florida Statutes,' and Rule 1 B-24.003(9), Florida Administrative Code,2 for all public records regardless of medium or format (e.g., paper; electronic, including 0 email; microfilm; audio; video; etc.). Yes El (Unmarked responses will be recorded as not in compliance.) V 2. This agency disposed of cubic feet of records during the fiscal year indicated above. t 3. This agency disposed of records in electronic form during the fiscal year indicated above. O � U ❑ Yes ❑ No (it is not necessary to indicate volume of electronic records disposed.) v 4. ❑ Check here if you would like to be contacted for assistance. Indicate your questionslareas of concern on the In reverse side of this form. • Agency Head Signature: Date- V Name of Agency Head (please print): J-0 —<,-j— Ph V Ile, sc he r Title of Agency Head (please print): _ hu I r rA& ij oC Please indicate changes to Agency Information on the lines provided on the right. a Current Information: Please do not erase or cover information below. Indicate changes or additions on the lines below. GAgency Name. Solid Waste Disposal District Indian River County w V = Agency Head: Mr. Bob Solarif d >% -M i- J'0 F1�5CG/3cr `t' V% = Address: 1801 27th Street d Building A QVero Beach, Florida 32960-3365 Section 257.36(5)(a), Florida Statutes,' re uires public agencies to designate a Records Management Liaison Officer (RMLO). Please indicate changes to RMLO Information on the lines provided on the right. If Current Information is blank, C please designate an RMLO for your agency on the lines provided on the right. Current Information' Please do not erase or cover information below E Indicate changes or additions on the lines below. O y0 RMLO: Ms. Doris E. Roy v Address: 1801 - 27th Street N 4 Vero Beach, FL 32960-3388 x Phone: (772) 226-1408 Ext.: Email: droy@ircgov.com -------- --• •--, ,, . , ,, o amw:aa. ru, ule purposes or this section, the term 'agency' shall mean any state, county, district, or municipal officer, department, division, bureau, board, commission, or other separate unit of government created or established by law. It is the duty of each agency to: (a) Cooperate with the division in complying with the provisions of this chapter and designate a records management liaison officer (b) Establish and maintain an active and continuing program for the economical and efficient management of records." 'Rule 1B-24.003(9), Florida Administrative Code: "Public records may be destroyed or otherwise disposed of only in accordance with retention schedules established by the Division. Photographic reproductions or reproductions through electronic recordkeeping systems may substitute for the original or paper copy, per Section 92.29, F.S., Photographic or electronic copies.... Prior to records disposition, agencies must ensure that all retention requirements have been satisfied. For each record series being disposed of, agencies shall identify and document the following: t Records retention schedule number; 2. Item number; 3, Record series title: 4. Inclusive dates of the records; 5 Volume in cubic feet for paper records; for electronic records, record the number of bytes and/or records and/or files if known, or indicate that the disposed records were in electronic form; and 6. Disposition action (manner of disposition) and date." Please complete and return this compliance statement by December 30, 2016 (submit one copy only, please) to: Department of State Records Management Program, Mail Station 9E OR recmgt@dos.myflorida.com Tallahassee, FL 32399-0250 P211 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: December 9, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Request for General Funds - PACE Project and Other Community Project FY2016-17 DESCRIPTION AND CONDITONS: The Solid Waste Disposal District (SWDD) has in the past used the General Fund to cover the disposal cost for fees associated with community projects, including the Florida Department of Health in Indian River County (FDOH-IRC) Environmental Health's Protocol for Assessing Community Excellence (PACE) program. The PACE project focuses on identifying issues in a community, one of which is abandoned homes. These abandoned homes pose safety and health hazards, and provide safe havens for drug dealers. It has been determined that there are several homes that need to be demolished in order to affect the well-being of the community. Other community projects include removing illegal public dumping and Keep Indian River Beautiful (KIRB) clean-up projects that involve volunteers throughout our community. Last fiscal year, the SWDD Board approved an allocation of $6,000 from the General Fund, which was utilized for disposal of approximately 125.80 tons, or 251,600 pounds, in the amount of $2,334.44. The PACE/charity projects utilized $1,524.73 last year, Indian River Farms utilized $749.85, and $59.86 was used for other cleanup/illegal dumping projects with the remaining funding of $3,665.56 being unused. SWDD has received the attached request from Cheryl Dunn, Environmental Manager at the FDOH-IRC, for an allocation of $6,000 for next year. Based on last year's usage, staff recommends a total $6,000 funding to cover anticipated usage for all cleanup/illegal dumping projects. ANALYSIS: Each project will have tabor and machinery donated toward this effort. It is the request of the partners involved in each project that the Board of County Commissioners allocates funds to cover associated landfill fees. This will include disposal of debris from the demolition and reconstruction of homes involved in the PACE project, and illegal public dumping debris that is cleaned up by County/SWDD staff or by volunteers organized by KIRB. The total estimated landfill fees are not expected to exceed $6,000.00 for all projects involved in clean-up efforts. @BCL@480521627 Page 1 P212 FUNDING: The funding to cover landfill disposal fees for cleanup events and illegal dumping debris is available through the general fund reserve for contingency account. DescriptionAccount Number Amount General Fund - Planning Other Professional Services 1 00120415-033190 $6,000.00 RECOMMENDATION: Staff recommends the Board of County Commissioners authorize up to $6,000.00 to be donated to various PACE/illegal dumping projects from the General Fund Reserve for Contingencies for the sole purpose of paying associated landfill fees. ATTACHMENTS: December 6, 2016 Letter from Health Department @BCL@480521627 Page 2 P213 Mission: To protect, promote & improve the health of all people in Florida through Integrated state, county & community efforts. H.1SLI n Vision: To be the Healthiest State in the Nation Rick Scott Governor Celeste Philip, MD, MPH Surgeon General and Secretary FLORIDA DEPARTMENT OF HEALTH IN INDIAN RIVER COUNTY December 6, 2016 Indian River County Solid Waste Disposal District 1325 7411 Avenue SW Vero Beach, FL 32968 RE, Landfill Fee Allocation: Dear Himanshu. Since April 2009, Florida Department of Health in Indian River County's Environmental Health section has been implementing the Protocol for Assessing Community Excellence in Environmental Health (PACE EH) in the Gifford, Fellsmere and Wabasso communities. One of the top issues that has been identified by the residents and the health department is abandoned homes. These abandoned homes are safety and health hazards and provide havens for drug dealers and other criminal activities. In addition to PACE EH, Environmental Health responds to complaints associated with abandoned and derelict homes and structures throughout the county. Environmental Health staff also respond to illegal dumping complaints when there is a creation of a sanitary nuisance. This type of complaint response has increased with the current economic stress and mosquito concerns in the community. Last year the Commission allocated $6,000 to assist with landfill fees while labor and equipment were donated by private contractors in order to assist the very low income property owners with demolishing the hazardous structures It has been determined that there are other abandoned structures and illegal dumping sites that need to be demolished and cleaned up to improve the well-being of the community. It is the request of the partners involved that the County Commission allocate funds to cover associated landfill fees. The total associated landfill fees are not expected to exceed $6,000. Florida Department of Health in Indian River County 1900 27(^ Street, Vero Beach, FL 32960 PHONE: 772/794-7400 WEBSITE: hitp://indianrivef.flc)Hdaheafth.gov FloridaHealth.gov Sincerely, � 1_4_4�,,� �, S. Cheryl L. Dunn R.S. Environmental Manager Indian River County Environmental Control Officer INAccredited Health Department Public Health Accreditation Board P214 44 INDIAN RIVER COUNTY {, SOLID WASTE DISPOSAL DISTRICT �ZoRto BOARD MEMORANDUM Date: December 9, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: CCNA-2014 Work Order No. 7 to CDM Smith, Inc. for Engineering Services with the 2017 Annual Permit Compliance Monitoring and Reporting DESCRIPTIONS AND CONDITIONS: The Solid Waste Disposal District (SWDD) landfill operation is a highly regulated activity, which requires environmental compliance documentation in accordance with several different permits. Many of the compliance reports are prepared and certified by a third party professional engineer. This agenda item requests authorization to engage the engineering firm of CDM Smith, Inc. (CDM) to prepare and seal the following reports: 1. Semi-annual and annual reports to assess the characteristics of ground and surface water at the site generated by the Class I landfill in accordance with the site's landfill permits. 2. Annual reports required by the site's Title V air quality permit, including the annual operating report and the flare emission testing report. In addition, a general technical assistance and permit compliance task is included as SWDD often requires engineering, technical and construction services assistance in connection with annual facility upgrade, compliance and operations. ANALYSIS: CDM has prepared CCNA-2014 Work Order No. 7, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The tasks are listed below showing the expected completion dates and their estimated fees. @BCL@C805EA4A Page 1 of 2 P215 TASK DESCRIPTION DUE DATE AMOUNT Task 1 Project Quality Management 1/1/17-12/31/17 $23,300 Task 2 Semi -Annual Water Quality Sampling & Reporting March 2017 & October 2017 $42,703 Task 3 Title V Permit Compliance Monitoring March — May 2017 $18,040 Task 4 General Technical Assistance 1/1/17 —12/31/17 $15,150 TOTAL (Lump Sum) _ $99,193 The costs above are consistent with what SWDD has paid historically for these services. FUNDING: Funding for the 2017 Annual Financial Reports is budgeted and available in the Engineering Services account in the SWDD Landfill Fund which is funded from SWDD assessments and user fees. The account has a total budget of $615,000 for the 2016/2017 fiscal year. Description Account Number Amount Engineering Services 41121734-033130 $99,193 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Approve CCNA-2014 Work Order No. 7 with CDM Smith, Inc. in the amount of $99,193 to provide engineering services related to the 2017 Annual Permit Compliance Monitoring and Reporting. b) Authorize the Chairman to execute the same, as presented. ATTACHMENT(s): CCNA-2014 Work Order No. 7 — CDM Smith, Inc. @BCL@C805EA4A Page 2 of 2 P216 CDM Smith 1701 Highway A 1 A Suite 301 Vero Beach, Florida 32963 tel: 772-231-4301 fax: 772-231-4998 December 6, 2016 Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32960 Subject: Permit Compliance Assistance for the Calendar Year 2017 Indian River County Solid Waste Disposal District CDM Smith CCNA-2014 WO NO.7 Dear Mr. Mehta: Transmitted herewith is one copy of CCNA-2014 WO No. 7 to provide selected annual operating permit compliance assistance services, which are required by the Florida Department of Environmental Protection (FDEP) during calendar year 2017. The services provided in this work order include semi-annual sampling and reporting, Title V permit compliance and reporting, and general technical and miscellaneous permit compliance reporting. The Scope of Services, Project Budget, and Project Schedule are provided herewith as Exhibits A, B, and C, respectively. If you have any questions or require additional information, please call me at your convenience. Sincerely, Approved by: Kevin N. Vann, P.E., BCEE Eric J. Grotke, P.E., BCEE Principal Environmental Engineer Vice President CDM Smith Inc. CDM Smith Inc. KNV/EJG/jj Attachments File! 0000-EJGMK-MG.IRC cc: Vincent Burke, IRC Ji1943 W0 Mocx iwI WATER + ENVIRONMENT +TRANSPORTATION + ENERGY + FACILITIES P217 WORK ORDER NUMBER CCNA-2014 WO NO 7 2017 Permit Compliance Monitoring And Reporting This Work Order Number _ is entered into as of this _ day of 201, pursuant to that certain Continuing Contract Agreement for Professional Services, dated December 6, 2011, and that certain Extension and Amendment=of Continuing Contract Agreement for Professional Services entered into as of this 4" day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and CDM Smith, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: CDM Smith, Inc. By: By: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BCC Approved Date: , Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P218 EXHIBIT A AUTHORIZATION FOR PROFESSIONAL SERVICES INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2017 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2014 WO NO.7 This Authorization, when executed, shall be incorporated in, and become part of the Continuing Contract Agreement for Professional Services between the Indian River County Solid Waste Disposal District (COUNTY), and CDM Smith Inc. (CONSULTANT), dated December 6, 2011, and the Extension and Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014, hereafter referred to as the Contract BACKGROUND Solid Waste Operation Permit Water Quality Compliance Semi-annual reports of groundwater quality at the COUNTY Landfill must be submitted to the Florida Department of Environmental Protection (FDEP) in accordance with Chapter 62-701.510, Florida Administrative Code (F.A.C.) and the Water Quality Monitoring Plan (WQMP) included as Appendix 3 of Permit Nos. SC31-0128769-022-SC and S031 -0128769 -023 -SO for the Class I landfill and the Monitoring Plan Implementation Schedule (MPIS) dated January 5, 2016, which includes the construction and demolition (C&D) debris landfill. Two semi-annual monitoring reports that document the sampling events will be required in calendar year. 2017. Semi-annual sampling of the Class I and C&D debris landfill groundwater monitor wells shall be performed in January and July of 2017. The samples collected from the Class I monitoring wells during these events will be analyzed for the routine monitoring parameters listed in Paragraph 11.7 of the WQMP and Chapter 62-701.510(7)(a), F.A.C. The samples collected from the C&D landfill monitoring wells will be analyzed for the routine monitoring parameters listed in Chapter 62- 701.730(8)(c), F.A.C. and Paragraph 9 of the MPIS dated March 7, 2011. In total, 39 wells (29 Class I and 10 C&D) will be sampled in January and 26 wells (16 Class I and 10 C&D) will be sampled in July. Samples from one surface water site shall be collected in January and July, if water is discharging from the stormwater pond. The samples, if collected, will be analyzed for the parameters listed in Paragraph 1I1.12 of the WQMP and Chapter 62-701.510(7)(d), F.A.C. All laboratory analyses will be performed by the COUNTY contract laboratory (ENCO). Title V Operation Permit Air Quality Compliance The COUNTY Landfill also operates under a Title V permit (Permit No. 0610015 -004 -AV) issued on July 16, 2012, which contains monitoring and reporting requirements related to the landfill gas collection and control system. The COUNTY is required to prepare and submit the following to FDEP and the U.S. Environmental Protection Agency (USEPA), Region 4: A-1 jj1943_WO 7.docx P219 ■ Annual Statement of Compliance (within 60 days after the end of the calendar year); ■ Annual Operating Report (on or before April 1 of the following year); and ■ Results of an annual flare visible emissions test (within 45 days of testing). Effective December 31, 2013, the Major Air Pollution Source Annual Emissions Fee is calculated by FDEP's Electronic Annual Operating Report (EAOR) application that is used to produce the Annual Operating Report listed above. The emissions fee for 2016 is due by April 1, 2017. SCOPE OF SERVICES CONSULTANT will undertake the annual permit compliance monitoring and reporting, which will include the following tasks: Task 1: Project Quality Management Task 2: Semi -Annual Water Quality Sampling and Reporting Task 3: Title V Permit Compliance and Reporting; and Task 4: General Technical and Miscellaneous Permit Compliance Reporting The below Scope of Services is based on regulations and monitoring and reporting requirements as of the authorization date of this Work Order. An amendment to this Scope of Services may be needed if there are any regulatory changes that result in additional work. TASK 1.0 - PROJECT QUALITY MANAGEMENT Activities performed under this task consist of those generally administrative functions required to assure that the project remains on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards and the COUNTY's expectations. CONSULTANT maintains a Quality Management System (QMS) on all projects. The CONSULTANT will comply with its QMS, which includes independent review of deliverables, monthly project status reviews, and project close-out activities. CONSULTANT will meet with COUNTY staff for project planning and coordination, as needed. CONSULTANT's project manager will attend status reporting meetings as needed throughout the life of the project. Preparation of invoices and project administration will also be performed under this task. TASK 2.0 -SEMI-ANNUAL WATER QUALITY SAMPLING AND REPORTING CONSULTANT will assist COUNTY with all sampling preparation activities, including scheduling, staffing, subcontracting, and field equipment preparation. CONSULTANT will perform the field testing, sample collection, and water -level measurements. CONSULTANT will contract with Ideal Tech Services Inc. (ITS) to perform the groundwater and surface water sampling. Prior to collecting groundwater samples in January and July, 2017, CONSULTANT/ITS will collect water level data from 58 groundwater monitor wells and 1 staff gauge (SG -12). CONSULTANT/ITS will perform semi-annual sampling of the Class I and C&D debris landfill groundwater monitor wells in January (39 wells) and July (26 wells) of 2017. CONSULTANT/ITS will also perform semi-annual (January and July) sampling of the surface water site, if discharging. It is estimated that data collection and sampling will take four days to complete in January and three days to complete in July. In the event that FDEP requires resampling of groundwater A-2 jj1943_W0 7.docx P220 monitoring wells, the labor and materials will be invoiced under Task 4 of this Scope of Services. If the resampling is the result from errors made by the sampling staff, the COUNTY will not be invoiced. CONSULTANT/ITS will deliver the samples to the COUNTY contract laboratory (ENCO) Orlando office for analysis. Unless otherwise determined by the COUNTY, ENCO will perform the laboratory analysis under the COUNTY's contract. CONSULTANT will assist the COUNTY in coordinating the analytical testing activities with ENCO, notify FDEP prior to sampling as required by the MPIS, review and evaluate the analytical test results, and prepare the semi-annual reports. CONSULTANT will prepare a semi-annual report for each of the two monitoring events that will be submitted to FDEP within 60 days of receipt of valid laboratory results from the laboratory that is contracted by the COUNTY to analyze samples. Services included in preparing the semi-annual reports entail: in Review of laboratory results with respect to FDEP groundwater quality criteria and historical laboratory results. If review of the data indicates potential errors in the results or concentrations of analyses that could potentially result in enforcement action, CONSULTANT will notify the COUNTY prior to preparing the report and request confirmatory samples, if needed. ■ Preparation of semi-annual monitoring reports for the January and July monitoring events. The reports will include brief discussions of the results, water level contour maps, and copies of the analytical reports. A draft report will be submitted for review, if requested. n CONSULTANT will provide the final report in portable document file (PDF) format and analytical data in ADaPT format for submittal to FDEP in accordance with Paragraph V.7 of the WQMP. TASK 3.0 - TITLE V PERMIT COMPLIANCE AND REPORTING Title V Permit No. 0610015 -004 -AV, which is the current permit as of the date of this work order, contains monitoring and reporting requirements related to the landfill gas collection and control system. CONSULTANT will assist COUNTY, as described below, in fulfilling all air permit requirements and conditions within the required regulatory timeframes. Statement of Compliance CONSULTANT will prepare and submit the annual Statement of Compliance for the COUNTY Landfill. This document must be submitted to FDEP within 60 days after the end of the calendar year, as required by Rule 62-213.440(3)(a)(2), F.A.C. Electronic Annual Operating Report (EAOR) CONSULTANT will prepare and submit the EAOR for the COUNTY Landfill. This report must be submitted to FDEP on or before April 1 of each calendar year, as required by Rule 62-210.370(3), F.A.C. CONSULTANT will estimate the annual emission rates of non -methane organic compounds and volatile organic compounds from the landfill gas to determine the COUNTY's status with regard to operation and reporting requirements of the active landfill gas collection and control system under the New Source Performance Standards requirements. A-3 jj1943_W0 7.docx P221 Annual Emissions Fee The EAOR application used for reporting to FDEP will automatically calculate the annual emission fee for the facility. CONSULTANT will notify COUNTY of the fee amount. Once the check is in -hand, CONSULTANT will submit the fee on COUNTY's behalf prior to the April 1 deadline. Visible Emissions Testing CONSULTANT will contract with a certified observer to perform the annual visible emissions test in order to determine the opacity of the flare. CONSULTANT will notify FDEP of the time and location of the test, provide oversight of the annual visible emissions testing of the flare, and prepare and submit to FDEP a report of the test results. The flare test will be completed no later than September 30, 2017, in accordance with the permit. TASK 4.0 - GENERAL TECHNICAL AND MISCELLANEOUS PERMIT COMPLIANCE REPORTING CONSULTANT will provide general technical and permit compliance assistance to COUNTY staff on an as needed basis. COUNTY staff is performing a number of the tasks required annually by the current FDEP landfill permits. CONSULTANT will provide support as needed for the COUNTY staff as they perform these tasks. General technical and permit compliance assistance tasks may include: ■ Reporting required by the Multi -Sector Generic Permit for stormwater discharge; ■ Quarterly monitoring and reporting of the landfill gas monitoring wells located at the COUNTY Landfill site boundary, as well as enclosed structures located on site; ■ Preparing agenda items for and attending Board of County Commissioners meetings; ■ Developing annual COUNTY budgets; ■ Miscellaneous permit renewals or technical support; ■ Sampling and reporting for additional monitor wells, surface water, leachate, etc.; and ■ Assistance in developing a WQMP for the C&D debris landfill. ASSUMPTIONS ■ This Scope of Services and cost proposal is based on solid waste operations Permit Nos. SC31- 0128769-022-SC and S031 -0128769 -023 -SO and the groundwater monitor wells and surface water monitor sites that are included in the WQMP for the Class I landfill and the MPIS for the C&D debris landfill. ■ Laboratory analysis is not included in this Scope of Services. ■ Title V compliance requirements will not change with the air permit renewal. This Scope of Services and cost proposal is based on the Title V Permit No. 0610015 -004 -AV, which is the current permit as of the date of this work order and expires on July 15, 2017. ■ Tasks 1 and 2 do not include meetings with the Florida Department of Environmental Protection. ■ The semi-annual data for the Class I landfill and C&D debris landfill will be submitted as a combined single report. ■ Valid laboratory analytical results are received in January and July. ■ Sampling of C&D wells will be completed under existing MPIS requirements. ■ Flare visible emissions test completed no later than September 30, 2017. DATA OR ASSISTANCE TO BE PROVIDED BY COUNTY ■ Existing data available on construction of the existing groundwater monitor wells. ■ Available site surveys. A-4 jj1943_W0 7.docx P222 ■ Available record information. ■ Laboratory analytical reports and direct access to laboratory personnel. ■ COUNTY contract laboratory will provide copies of analytical reports in electronic format (ADaPT) and in PDF format. ■ Access to sampling sites. ■ Maintenance of wells and staff gauge. ■ Annual operations data needed for emissions estimating including, but not limited to, tonnages of waste accepted, quantity of landfill gas collected, and hours of emergency engine operation. ■ Annual emissions fee. PAYMENT AND COMPENSATION Compensation for the Scope of Services described herein shall be made on the basis of a lump sum fee. The annual lump sum fee for Tasks 1.0 through 4.0, inclusive, is $99,193 as shown in Exhibits B. CONSULTANT will invoice the COUNTY on a monthly basis based on percent complete of each task. For invoice purposes only, the value of each task is as shown in the Table 1. Table 1 A-5 p1943_WO 7.dmx P223 TASK VALUE FOR INVOICE PURPOSE TASK DESCRIPTION VALUE 1 Project Quality Management $23,300 2 Semi -Annual Water Quality Sampling and Reporting $42,703 3 Title V Permit Compliance and Reporting $18,040 4 General Technical and Miscellaneous Permit Compliance Reporting $15,150 TOTAL WORK ORDER NO.7 - LUMP SUM $99,193 A-5 p1943_WO 7.dmx P223 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2017 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2014 WO NO.7 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 1.0 - Project Quality Management CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Catego Hours Jae Total Sr. Officer 8 $220 $1,760 Associate 2 $200 $400 Principal 60 $195 $11,700 Senior Professional 24 $165 $3,960 Professional II 24 $130 $3,120 Project Administration 16 $85 $1,360 Total Hours 134 Total Salary Cost $22,300 Other Direct Costs $1.000 TOTAL LUMP SUM FEE For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee $23,300. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. B-1 jj1943_W0 7.do P224 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2017 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2014 WO NO. 7 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 2.0 - Semi -Annual Water Quality Sampling and Reporting CONTRACT REFERENCE: Agreement between the Indian River County Board of. County Commissioners and CDM Smith Inc. Labor Category Hours gatg Total Sr. Officer 10 $220 $2,200 Associate 6 $200 $1,200 Principal 50 $195 $9,750 Senior Professional 48 $165 $7,920 Professional 11 40 $130 $5,200 Professional 20 $110 $2,200 Senior Support 6 $120 $720 Staff Support 12 $85 $1,020 Project Administration 16 $85 $1,360 Total Hours 208 Total Salary Cost $31,570 Other Direct Costs $1,900 Outside Professional Services (Ideal Tech Services, Inc.) $9.233 TOTAL LUMP SUM FEE For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee of $42.703. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. B-2 jj1943_W0 7.doa P225 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2017 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2014 WO NO. 7 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 3.0 - Title V Permit Compliance and Reporting CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor CategQry Hours Rate Total Sr. Officer 4 $220 $880 Associate 4 $200 $800 Principal 12 $195 $2,340 Senior Professional 40 $165 $6,600 Professional Il 22 $130 $2,860 Professional 8 $110 $880 Senior Support 2 $120 $240 Staff Support 6 $85 $510 Project Administration 8 $85 680 Total Hours 106 Total Salary Cost $15,790 Other Direct Costs 750 Outside Professionals (TRC Environmental) $1.500 TOTAL LUMP SUM FEE For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee $18.040. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. jj1943_WO 7.dxx P226 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2017 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2014 WO NO. 7 PROJECT: IRC SWDD Annual Permit Compliance Monitoring Reporting Services DESCRIPTION: Task 4.0 - General Technical and Miscellaneous Permit Compliance Reporting CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Categoly Hours Rate Total Sr. Officer 14 $220 $3,080 Associate 4 $200 $800 Principal 20 $195 $3,900 Senior Professional 16 $165 $2,640 Professional Il 14 $130 $1,820 Professional 12 $110 $1,320 Senior Support 2 $120 $240 Staff Support 4 $85 $340 Project Administration 6 $85 $510 Total Hours 92 Total Salary Cost $14,650 Other Direct Costs 500 TOTAL LUMP SUM FEE For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum of 15150. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. B-4 jj1943_W0 7.doa P227 EXHIBIT C PROJECT SCHEDULE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR 2017 PERMIT COMPLIANCE MONITORING AND REPORTING CCNA-2014 WO NO.7 The following project schedule has been developed based on receiving authorization on or before January 1, 2017. Task Completion Date Task 1: January 1, 2017 through December 31, 2017 Task 2: Sampling events: January 2017 and July 2017: report submittals March 2017 and October 2017 (Includes sampling events, review and validation of results, and completion/submittal of reports within 60 days of receipt of laboratory analysis) Task 3: Statement of Compliance March 1, 2017 Electronic Annual Operating Report April 1, 2017 Annual Emissions Fee April 1, 2017 Visible Emissions Test September 30, 2017 Task 4: January 1, 2017 through December 31, 2017 C-1 jj1943WO 7.docx P228 eco. INDIAN RIVER COUNTY G t� SOLID WASTE DISPOSAL DISTRICT 12outoA BOARD MEMORANDUM Date: December 12, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services 15- P)y Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Eighth Amendment to Republic Services DESCRIPTIONS AND CONDITIONS: On November 16, 2010, the Solid Waste Disposal District (SWDD) Board authorized the Solid Waste Operations and Maintenance Agreement with Republic Services of Florida, LP (Republic Services), which includes the operation and maintenance of the Indian River County Class 1 Landfill as well as non -Class 1 Landfill services. This includes but is not limited to the management of the Municipal Recovery Facility, the Small Load Drop-off Area, the Waste Tire Facility, the Metal Storage Area, the Household Hazardous Waste Facility, the Clean Concrete Storage Area as well as the operations and maintenance of the five (5) Customer Convenience Centers. The contract was effective January 1, 2011, for a base seven (7) year period expiring on December 31, 2017. The term of the contract may be extended for one (1) additional period of seven (7) years at the mutual agreement of both parties. SWDD has to notify Republic Services no later than December 31, 2016, of its intent to renew or not to renew the contract. Currently, Republic Services is paid $14.86 per ton for materials disposed in the Class 1 Landfill, resulting in an approximate annual amount of $2.55 million using an average of 14,300 tons per month. For the non -Class 1 Landfill services, Republic is paid a total annual amount of $2,970,094.10. ANALYSIS: Republic Services continues to meet the requirements of the contract and continues to keep the site and all of the facilities in compliance with local, state and federal requirements. Staff and Republic Services began negotiations, and Republic Services expressed a strong interest to renew the contract. Republic Services has offered a 10.8% decrease to the Class 1 Landfill rate from $14.86 per ton to $13.25 per ton. Republic Services has also agreed to negotiate in good faith in the future for reductions in costs for any efficiencies that SWDD makes to the operations of the Customer Convenience Centers or at the landfill. Staff and Republic Services have mutually agreed to consider the Eighth Amendment as our notification of intent to renew the contract for the additional seven (7) year period, beginning @BCL@4805BFBB Page 1 of 2 P229 January 1, 2018 and ending December 31, 2024. However, both parties will continue to negotiate provisions that will apply in the renewal period on or before February 28, 2017. If both parties are unable to mutually agree on the terms then SWDD has a right to withdraw our intent to renew by March 10, 2017. Using a monthly average of 14,300 tons per month, the 10.8% reduction in the disposal fee charged by Republic Services equates to a savings of approximately $276,276 per year. Staff supports this renewal process as an attractive option of the contract with no disruption of services and reduced operating costs for at least 12 months in advance of any bid process, which could very well go up or down depending on solicitation responses. FUNDING: Funding for the SWDD Class 1 landfill services is budgeted and available in the SWDD landfill account, and SWDD Non -Class 1 landfill services is budgeted and available in the SWDD recycling account. Both are funded from SWDD assessments and user fees. Description Account Number Amount Landfill - Contractual Services 41121734-033489 $2,700,000 Recycling - Contractual Services 41125534-033489 $2,996,000 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a. Approve the Eighth Amendment to Republic Services as a notification of SWDD's intent to renew the Solid Waste Operations and Maintenance contract for an additional period of seven (7) years beginning January 1, 2018 through December 31, 2024, at the negotiated rate of $13.25 per ton for the Class 1 landfill to begin on January 1, 2018. b. Authorize the Chairman to execute the same, as presented. ATTACHMENT(s): 1) Eighth. Amendment to Republic Services @ BCL@4805BFBB Page 2 of 2 P230 EIGHTH AMENDMENT TO CONTRACT AGREEMENT I INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE THIS EIGHTH AMENDMENT TO CONTRACT AGREEMENT INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT, INDIAN RIVER COUNTY, FLORIDA SOLID WASTE OPERATIONS AND MAINTENANCE ("Eighth Amendment") is entered into as of the 15 day of December, 2016 by and between Indian River County Solid Waste Disposal District, a dependent special district of Indian River County; Florida, NNrlhose address is 1801 27`x' Street, Vero Beach, Florida. (hereinafter referred to as the "District" or "SWDD"), and Republic Services of Florida. Limited Partnership, whose address is 3905 'Oslo Road, Vero Beach, FL 32968, (the "Contractor''). RECITALS WHEREAS, on January 1, 2011, SWDD and Contractor entered into that certain Contract Agreement Indian River County Solid Waste Disposal District Indian River County, Florida Solid Waste Operations and Maintenance (the "Contract Agreement") for the Contractor to operate and maintain the SWDD landfill and customer convenience centers: and WHEREAS, the Contract Agreement was amended by the First Amendment to Contract Agreement, dated February 7, 2012, amended by the Second Amendment to Contract Agreement, dated April 2, 2413, amended by the Third Amendment to Contract Agreerhent. dated November 12, 2013, amended by the Fourth Amendment to Contract Agreement, dated July 8, 2014, amended by the Fifth Amendment to Contract Agreement, dated November 4. 2014, amended by the Sixth Amendment to Contract Agreement, dated January 20, 2015 and amended by the Seventh Amendment to Contract Agreement, dated May 17. 2016 (the Contract Agreement and all amendments thereto is hereinafter referred to as the "Contract"), and WHEREAS, the Contract is for a term of seven years. which can be extended for one additional seven year period at the mutual agreement of the Contractor and SWDD; and ' WHEREAS, under the Contract. SWDD is required to notify the Contractor no later than December 31.2016 of its intent to renew or not to renew the Contract; and WHEREAS, the Contractor and SWDD agree to negotiate the provisions of the seven year extension period. NOW THEREFORE, in consideration of the mutual undertakings herein and other ,good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Notification of Intent to Renew. Pursuant to Article 2- Tenn of Contract of the Contract, SWDD hereby notifies the Contractor of SWDD's intent to renew the Contract 100447 Eighth Amendinew Page] or3 P231 for the additional seven (7) year period. beginning January 1, 2018 and ending 31, 2024 (the "Renewal Tenn'), subject to the limitations set forth in section 3. Renewal Term Provisions. SWDD and the Contractor will negotiate and mutually gree on provisions that will apply during the Renewal Term, to be memorialized in an amendment to the Contract. SWDD and the Contractor anticipate and intend that the amendment containing such provisions will be executed on or before February 28; 2017 (the "Renewal Amendment"): however, SWDD and Contractor may mutually agree to extend such negotiation period. SWDD and Contractor both acknowledge that i� the event the parties are unable to mutually agree upon provisions to be included in the Renewal Amendment, then SWDD shall have the right to withdraw the notice of intent to renew set forth in section 2 above. Notice of such withdrawal shall be provided by SWDD to Contractor by March 10, 2017 (or, if the negotiation period is extended bey the parties as contemplated above, by ten (10) days after the end of the extended negotiation period). 4. Disposal Priein. Contingent on the execution by both parties of the Renewal Amendment; SWDD and the Contractor agree that beginning on January 1, 20181 and during the Renewal 'Tenn. compensation to the Contractor for the Class 1 landfill operations including the landfill GCCS O&M shall be Thirteen Dollars and Twenty Five Cents ($13.25) per ton of municipal solid waste (MSW) and construction & demolition (C&D) debris disposed in the Class 1 landfill, subject to annual escalation pursuant too the terms of the Renewal Amendment. 5. Ratification. Except as specifically provided in this Eighth Amendment, all provisions of the Contract shall remain in full force and .effect. Isiguature page follows] 100447 Eighth Amendment Page 2 of 3 P232 IN WITNESS WHEREOF, the pa executed by their respective duly authorized o Attest: Jeffrey R. Smith. Clerk of Court and Comptroller By: Deputy Clerk Date Approved by SWDD: Approved By: Jason E. Brown, County Administrator Signed, sealed, and delivered in the presence of: r Witness [remainder of page 100447 Eighth Amendmew -ties have caused this Eighth Amendment o be fficers as of the day and year first written above e. (Owner) Solid Waste Disposal District Indian River Counter, Florida Joseph E. Flescher, Chairman Approved as to Form and Legal Sufficiency ll Y: Dylan T. Reingold, Esq., County Attorney Republic Services of Florida, Limited Partnership ("Contractor") By: Republic Services of Florida GP, Inc., its General Partner Glenn Kava gh, General Manager I Date nlentiona!417 left blank] Page 31 df 3 P233 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM IS,6.5 Date: December 14, 2016 To: Jason E. Brown, County Administrator Thru: Vincent Burke, Director of Utility Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Ninth Amendment to Feedstock Supply Agreement BACKGROUND: On July 15, 2011, the Indian River County Solid Waste Disposal District (SWDD) entered into a Feedstock Supply Agreement (FSA) with INEOS New Planet BioEnergy, LLC (INEOS) for supplying vegetative waste for the production of bioethanol energy product and renewable power. The term of the agreement was for a period of twenty (20) years. The Indian River BioEnergy Center operated by INPB has determined to cease operations of its facility at 925 74th Avenue SW effective December 31, 2016. Staff and INPB personnel have been coordinating on a transition plan to return the public to SWDD's vegetative processing area starting on January 2, 2017. INPB has agreed to continue to provide processing (receiving, grinding and disposal) services to SWDD through March 31, 2017 at the current rate of $9.30 per ton and has waived the supplemental processing fee of $5.30 per ton as of October 1, 2016, through March 31, 2017. ANALYSIS: Staff and INPB personnel have mutually agreed to the provisions in the attached Ninth Amendment, which provides a transition of vegetative waste from the Indian River BioEnergy Center to SWDD's vegetative processing area. The continuation of processing by INPB through March 31, 2017, provides a seamless operational transition for the public bringing in vegetative waste and allows time for SWDD staff to solicit a request for proposal for these services. Both parties agree that SWDD will be responsible for receiving and processing vegetative waste as of April 1, 2017, and that we intend to enter into a termination agreement to end both the Feedstock Supply Agreement and the Landfill Gas Interconnect Agreement as a final step at a future Board meeting. Overall, there has been a significant savings to SWDD's operations in working with INPB for the past 5 plus years, compared to the previous costs for processing vegetative waste. This opportunity also resulted in sending landfill gas for the production of electricity, which we were not doing previously. Staff is looking at this as an opportunity to regain control of the vegetative waste and to explore options, through a procurement process, for utilizing materials for composting. Composting our biosolids allows us to put the vegetative waste to beneficial use. It also allows us to explore both a residential and commercial food waste diversion program to help reduce this material from going into @BCL@A805282C Page 1 P234 the Indian River County landfill which is consistent with the Indian River County Comprehensive Plan. FUNDING: Funding for yard waste processing is budgeted and is available in the Other Professional Services account in the SWDD Recycling fund. The account has a total budget of $896,000 for the 2016/2017 fiscal year. Description a Account Number Amount SWDD Recycling Fund - Other Professional Services 1 41125534-033190 $896,000 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Approve the Ninth Amendment to the Feedstock Supply Agreement with INEOS New Planet BioEnergy, LLC. b) Authorize the Chairman to execute the same, as presented. Attachment 1: Ninth Amendment to Feedstock Supply Agreement @BCL@A805282C Page 1 P235 NINTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT THIS NINTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Ninth Amendment") is entered into as of this day of December, 2016, by and between the Indian River County Solid Waste Disposal District ("District"), a dependent special district of Indian River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"), a Delaware limited liability company. (Capitalized terms that are used but not defined in this Ninth Amendment shall have the meaning set forth in the Parties' Feedstock Supply Agreement, the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment, and Eighth Amendment as described below). r , WITNESSETH: WHEREAS, on July 15, 2011, the Parties"entered into the Fe6dstock Supply Agreement ("FSA"), which was subsequently amended ' by`the First Amendment. to Feedstock Supply Agreement, dated March 13, 2012 ("First Amendment'), by the Second ,Amendment to Feedstock Supply Agreement Concerning Cash Deposh'a"nd Escrow Agreem6nt of Section 7.4, dated April 25, 2012 ("Second Amendment"), by the Third Amendment to Feedstock Supply Agreement, dated November 13, 2012' ("Thir'd.Amendment''), by the Fourth Amendment to Feedstock Supply Agreement, dated March ' 19, 4 2013 ("Fourth Amendment"), by the Fifth Amendment to Feedstock Supply Agreement, dated ay -21, 261.3'("F ifth Amendment"), by the Sixth Amendment oto Feedstock Supply, Agreement,, dated' August 20, 2013 ("Sixth Amendment"), by the Seventh Amendment to,Feedstock Supply Agreement, dated December 17, 2013 ("Seventh Amendment"), and by the EiAth�Amendment to Feedstock Supply Agreement, dated November. 22, 2016.("Eighth Amendment (WHEREAS,- n the First .Amendment the District granted the Company a temporary license.,to occupy and use the District's Vegetative Waste Management Area ("VWMA") as depicted�on` Exhibit "A"'thereto, and attached hereto, for the receipt and management of Vegetative Waste for a term beginning on March 13, 2012 for one year unless sooner terminated; and ,r WHEREAS;,in subsequent Amendments 3, 4, 55' 6, 7 & 8 the provisions extended the term of the temporary llicense for Company to occupy and use the District's VWMA for storage of various stages of vegetative materials and wood chips for a period of time ending, at the latest, on December 31, 2016; WHEREAS, the Company has determined to cease operations of its Facility and the Company and District have agreed to wind down and then terminate the FSA; and WHEREAS, the receiving and Processing of Vegetative Waste for the sorting, chipping, and/or grinding operations of Acceptable Waste at the Facility to create Mulch for the District by the Company shall revert to the District's VWMA site at the Landfill on January 2, 2017. F.ICamx AAIMIF-dvo*AVw-91, Amnvl (BAC -?:1?-15-16).d- P236 NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and INEOS agree as follows: 1. Recitals. The foregoing recitals are true and correct, and incorporated as if fully restated herein. 2. Termination of Temporary License and Scale Fee. As of the end of business on December 31, 2016 the Temporary License to occupy and use the District's VWMA as provided in Section 4 of the First Amendment, and extended thereafter by Amendments Three, Four, Five, Six, Seven and Eight, and the $3.00 scale fee as provided in Section 6 of the First Amendment and thereafter, shall terminate. 3. "Facility""Facility and "aci ri Site. As of January 2, 2017 the terms Facility and Facility Site, as used in the FSA, shall mean the District=s VWMA site at the Landfill. 4. Processing to Continue on District's VWMA. Beginning on January 2, 2016 and continuing thereafter until March 31,, 2017.the Company shall provide receiving and Processing of Vegetative Waste only for the sorting, chiplfing, and/or grinding operations of Acceptable Waste to create Mulchforthe Distric�upon4e�DW istrict's VMA�jThe Company shall provide the Processing via `con act. with a vendor, to wit, Mr. Mulch, and shall be responsible for providing all equipment and personnel and applicable insurance requirements for the Processing operations. District shall c,ntiinue to,pay the" -'Processing Fee" to Company for receiving and Processing ,Vegetative Waste and Company shall pay .all costs of the vendor for all Vegetative Waste deliv'ered .tot eFacility�and Processed: y March.31, 2017. 5. Transition ,Plan.+As soon as reasonably after the execution of this Amendment and prior to December E31, 2016 they ompany shall consult with the District and prepare a tran`sition•plan to -assure the.smooth, safe transition of operations from the Company's site locatedat-925-SW',74t''Avenue in Veru Bea hjlorida (currently the Facility Site) to the Districts VWMA site'(the Facility Site as of January 1, 2017) to reasonably inform the residents of Indian River County, commerciai\operators and the general public as to the change in operations and,location of the,Facilit)Nt.6\ 6. Definition of Pr'oce'ssing. From and beginning as of October 1, 2016 and continuing through`the termination of the FSA the definition of Processing shall include only the (a) sorting, chipping, and%orsgrinding of Acceptable Waste that is Vegetative Waste only at the District's VWMA site to`createMulch for the District, and shall not include the (b) gasification and fermentation of Acceptable Waste at the Facility for the production of ethanol and electricity. The Company will also provide for transportation and final disposal of up to 10,000 tons of material upon District's request during the period beginning January 2, 2017 and ending March 31, 2017. District agrees to use best efforts to maximize its use and storage of Processed material and to minimize the amount of Processed material that must be transported and final disposed of off the Facility site. The Company acknowledges and agrees that the Supplementary Processing Fee has not been charged since October 1, 2016 and no Supplementary Processing Fee will be charged from that date through the termination of the agreement. F.IC—AdminIF—hWk Aginn - A Amnxl. (BAC -i; 1145 -16) -doe 2 P237 7. District to provide Processing Beginning April 1, 2017. The District agrees that as of April 1, 2017 and thereafter, the District shall be responsible for receiving and Processing of Vegetative Waste and the disposition of mulch, and the District and Company intend to enter into a termination agreement to terminate the FSA and all provisions thereunder, including the Landfill Gas Interconnect Agreement entered into between the Parries. 8. Other Provisions. Except as amended herein all provisions in the First Amendment, Third Amendment-, Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment, and Eighth Amendment are hereby terminated and deleted and shall have no further force and effect. IN WITNESS WHEREOF, this Ninth representatives of the Parties, as of the day and year ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, name: name: F.1C—A6dn�FeMr *Agron-9/IA—d..(BAC-3:11-13-16)doe Appn rator Dylan INEO lin the�� 0 dment,is executed by the authorized bove�written. COUNTY SOLID WASTE MCT ("District") BCC: _ )2016. to form and legal sufficiency: County NEW PLANET BIOENERGY, LLC Print name: Print title: 3 P238 ),5.-6 -s-, EIGHTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT THIS EIGHTH AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT ("Eighth Amendment") is entered into as of this day of November, 2016, by and between the Indian River County Solid Waste Disposal District ("District"), a dependant special district of Indian River County, Florida ("District"), and INEOS New Planet BioEnergy, LLC ("INEOS"), a Delaware limited liability company. (Capitalized terms that are used but not defined in this Eighth Amendment shall have the meaning set forth in the Parties' Feedstock Supply Agreement, the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment, and Seventh Amendment as described below). WITNESSETH: WHEREAS, on July 15, 2011, the Parties entered into the Feedstock Supply Agreement ("Feedstock Agreement"), which was subsequently amended by the First Amendment to Feedstock Supply Agreement, dated March 13, 2012 ("First Amendment"), by the Second Amendment to Feedstock Supply Agreement Concerning Cash Deposit and Escrow Agreement of Section 7.4, dated April 25, 2012 ("Second Amendment"), by the Third Amendment to Feedstock Supply Agreement, dated November 13, 2012 ("Third Amendment"), by the Fourth Amendment to Feedstock Supply Agreement, dated March 19, 2013 ("Fourth Amendment"), by the Fifth Amendment to Feedstock Supply Agreement, dated May 21, 2013 ("Fifth Amendment"); by the Sixth Amendment to Feedstock Supply Agreement, dated August 20, 2013 ("Sixth Amendment"); and by the Seventh Amendment to Feedstock Supply Agreement, dated December 17, 2013 ("Seventh Amendment"); WHEREAS, in section 2 of the Seventh Amendment, the District extended the temporary license for INEOS to occupy and use the District's Vegetative Waste Management Area for storage of various stages of vegetative materials and wood chips for a period of time ending, at the latest, on March 31, 2014; WHEREAS, as a result of excessive vegetative debris generated from Hurricane Matthew, the Parties desire to, allow the use of the District "Vegetative Waste Management Area" for the receipt and management of Vegetative Waste from October 10, 2016 until December 31, 2016 to allow the INEOS Facility Site to return to normal operations; and NOW, THEREFORE, in consideration of the mutual terms and promises stated herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District and INEOS agree as follows: 1. Recitals. The foregoing recitals are true and correct, and incorporated as if fully restated herein. 2. Amendment of Section 2 of the Seventh Ameiidnaent. The following language of section 2 of the Seventh Amendment: "The second sentence" is hereby deleted and replaced with the following language: "The first sentence"; The following provision of section 2 of the Seventh Amendment: "The term of this license shall terminate on 1'Vf im..uuLS11DD PROJEU31G.kW.-7uM.; MA -W -13- N31 March 31, 2014, unless the license is terminated sooner as a result of a Party's failure to comply with the requirements herein or if the parties mutually agree to terminate before the end of the term." is hereby deleted in its entirety and replaced with the following language: "The term of this license shall commence on October 10, 2016 and terminate on December 31, 2016, unless the license is terminated sooner as a result of a Party's failure to comply with the requirements herein or if the parties mutually agree to terminate before the end of the term. INEOS agrees to remove all chipped material from the District Vegetative Waste Management Area less any beneficial reuse material due to the District." 3. Other Provisions. Except as amended herein and in the First Amendment, Second Amendment, Third Amendment, Fourth Amendment, Fifth Amendment, Sixth Amendment and Seventh Amendment all remaining provisions of the Feedstock Agreement shall remain in full force and effect. IN WITNESS WHEREOF, this Eighth Amendment is executed by the authorized representatives of the Parties, as of the day and year first above written. ATTEST: Jeffrey R. Smith, INDIAN RIVER COUNTY SOLID WASTE Clerk of Court and Comptroller DISPOSAL DISTRICT ("District") Deputy Clerk Approved: Jason E. Brown, County Administrator Per Resolution 2016-127 and Proclamation Declaring Emergency, dated October 6, 2016 and Proclamation Declaring and Extending Emergency, dated October 13, 2016, October 20, 2016, October 27, 2016, November 3, 2016 and November 10, 2016 Signed, sealed and delivered in the Ratified by BCC: , 2016. Approved as to form and legal sufficiency: Dylan Reingold, County Attorney INEOS NEW PLANET BIOENERGY, LLC ("Company") r By: Print name: gsrv—(� Print title: l rts"t P.,,[t FI!limnruhuLSif'UU I'ROlCCTS1Ga.k Ro..rc Tr. F.irq[ rd.nrk SnlyrlyARmnwnlUmrndnrn�IN, 81Frrdv kAgrmr. FI -1 81h A,,,dmrncdm 4q